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News & Diary

   30/10/2014

Subject: Procurement For All General Build framework.

Description: Housing Associations Framework

City West Works has been appointed to develop the Procurement For All General Build framework. Associated Link : http://news.careerstructure.com/article/view/commercial/801757183/city-west-works-to-develop-new-construction-framework?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+careerstructure%2FSlMO+%28CareerStructure+News%29

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   30/10/2014

Subject: Dispute over Retention Threatens Subcontractor's Survival

Description: £2.8m Retention being Held in Defects Row

A dispute on Costain’s £400m Greater Manchester waste facilities contract over retentions and work defects has left a specialist fighting for survival.Associated Link : http://www.constructionenquirer.com/2014/10/30/2-8m-costain-retention-row-pushes-specialist-to-brink/?

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   30/10/2014

Subject: Work Begins on Solar Farm

Description: Southwick Estate Solar Farm

Construction of a Hampshire solar farm that will provide enough power for the equivalent of 11,000 homes has begun near Fareham.Associated Link : http://www.dailyecho.co.uk/news/11566788._/?

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   30/10/2014

Subject: BetFred Tower Designs Unveiled

Description: £42m Trinity Development

Architect 5Plus has revealed designs for this residential scheme backed by bookmaker-turned- developer Fred Done in his home town of Salford.Associated Link : http://www.architectsjournal.co.uk/news/daily-news/betfred-backs-5plus-for-salford-towers-scheme/8670966.article?referrer=RSS

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   29/10/2014

Subject: Plans for £40m David Ross Sports Village Announced

Description: Existing facilities to be expanded

The University of Nottingham has unveiled plans for a £40m sports village on its campus. The project is benefiting from a "very significant commitment" from Carphone Warehouse founder David Ross, taking his total support for the university beyond £10m.Associated Link : http://www.insidermedia.com/insider/midlands/126637-university-nottingham-reveals-40m-sports-village?utm_source=eastmidlands_newsletter&utm_medium=property_article&utm_campaign=eastmidlands_news_tracker

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   29/10/2014

Subject: £130m Redevelopment of Liverpool Mill Approved

Description: Residential Scheme for Heaps Mill

Developer One Park Lane's plans to transform the historic Heaps Mill building in Liverpool into apartments and retail space have been approved.Associated Link : http://www.insidermedia.com/insider/north-west/126570-green-light-heaps-mill?utm_source=liverpool_newsletter&utm_medium=property_article&utm_campaign=liverpool_news_tracker

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   28/10/2014

Subject: Carillion wins Dubai deal thanks to new Treasury direct lending facility

Description: First Company to Benefit from UKEF

Carillion has landed a £75m contract for the development of the the first phase of the Dubai World Trade Centre, becoming the first company to benefit from the UK Export Finance's direct lending facility. Carillion is to 146,000 square metre development between the current Dubai International Convention and Exhibition Centre and Emirates Towers, including an eight-storey office building and a 588-room business and tourism hotel. Associated Link :

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   28/10/2014

Subject: Carillion to build £30M offshore wind farm cable

Description: Cable to take power to new National Grid substation

Carillion has been awarded the contract to supply the onshore cable for a 402MW wind project located off eastern England. The Dudgeon Offshore wind farm, a joint venture between Statoil, Statkraft and Masdar, will generate enough electricity to power more than 400,000 homes every year.Associated Link : http://www.nce.co.uk/news/energy/carillion-to-build-30m-offshore-wind-farm-cable/8671000.article?referrer=RSS

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   28/10/2014

Subject: Skanska Wins £750m Battersea Phase II Contract

Description: Phase 2 of Power Station Redevelopment

Skanska has been confirmed as winner of phase two of the £3bn redevelopment of Battersea Power Station. Work is to commence in March next year.Associated Link : http://www.nce.co.uk/news/structures/skanska-scoops-750m-battersea-deal/8671628.article?referrer=RSS

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   28/10/2014

Subject: £200m Towers Plan for Salford Quays

Description: Region's "Largest Luxury Development"

Salford City Council has granted planning permission for X1 Media City, four towers with a combination of one, two, and three bedroom apartments.Associated Link : http://www.manchestereveningnews.co.uk/business/four-new-towers-planned-salford-8006129?ptnr_rid=77547&icid=eml_MENBusiness_BusinessReadMore

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   27/10/2014

Subject: Research Shows Surge in Profits Warnings

Description: Main Contractors Pay Price of Low Tender Margins

Research from Ernst & Young shows a surge in the number of profits warnings amongst main contractors as they suffer from low tender margins.Associated Link : http://www.constructionenquirer.com/2014/10/27/profit-warnings-surge-as-contractors-hit-perfect-storm/

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   27/10/2014

Subject: Vinci Makes Losses on Nottingham Tram Project

Description: Project delayed Possibly until Easter

Vinci is cutting back on its UK construction activity as it struggles with losses on the late- running Nottingham Tramlink project, which was due to be completed at the end of 2014.Associated Link : http://www.constructionenquirer.com/2014/10/27/vinci-faces-major-loss-on-nottingham-tram-project/

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   24/10/2014

Subject: Record Year for Adjudications

Description: 21% Increase in the Number of RICS Nominations

Figures from the Royal Institution of Chartered Surveyors figures a 21% increase in the number of adjudication nominations in 2012 compared to 2011 – up to 780 compared to 641. In 2013, the trend continued upwards, although the percentage increase was only 4.6%.Associated Link : http://www.construction-manager.co.uk/news/rics-reports-record-year-adjudications-industry-re/?

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   23/10/2014

Subject: Harbour Construction Completes Housing Scheme

Description: £1.5m Scheme

Manchester-based Harbur Construction has completed a £1.5 million housing scheme at a former mill site in Barrowford.Associated Link : https://bdaily.co.uk/industrials/23-10-2014/manchesters-harbur-construction-completes-15-million-housing-scheme/?

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   23/10/2014

Subject: Galliford try Wins Contract to Build Council Headquarters

Description: One of Two Major Contracts

Galliford Try has been selected as preferred bidder by Northamptonshire County Council to build its new headquarters in Northampton in a £38m project. The company has also been selected to build Subsea 7's new office building at Sutton in Surrey.Associated Link : http://www.insidermedia.com/insider/midlands/126162-galliford-try-bags-77m-building-contracts?

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   23/10/2014

Subject: £450m Marine Energy Park Gets Go-Ahead

Description: Associated British Ports' Petitions Dismissed

Able UK has been granted approval for its £450m Marine Energy Park by a joint parliamentary committee after it dismissed petitions against the project lodged by Associated British Ports (ABP). The Able Marine Energy Park (AMEP) will help to establish the Humber as the UK's 'Energy Estuary'.Associated Link : http://www.insidermedia.com/insider/yorkshire/126216-green-light-450m-amep?utm_source=yorkshire_newsletter&utm_medium=top_story_article&utm_campaign=yorkshire_news_tracker

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   22/10/2014

Subject: New Version of the ICC Measurement Contract Published

Description: Includes Network Rail's NR8

The Infrastructure Conditions of Contract Measurement Version, which is based on the former ICE Conditions, is a contract form which has become one of the main forms of standard contracts for UK civil engineering and infrastructure work. This version incorporates NR8 Track amendments, including bespoke amendments drafted specifically for Track previously contained in Network Rail’s NR8 amendments to the ICC Measurement Version. It has been drafted in conjunction with Network Rail to ensure there is a clear standard contract designed for use on Network Rail’s new Plain Line contracts and to support their overall contract strategy for Track. The opportunity has been taken to refine and update the NR8 amendments that have been incorporated to ensure a contract designed to deliver efficiencies in resource and expenditure.Associated Link : http://www.blissbooks.co.uk/p210243/Infrastructure-Conditions-of-Contract-(ICC)-Measurement-Version-August-2011-(with-payment-amendments-October-2011)-Incorporating-NR8-Track-Amendments/product_info.html

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   22/10/2014

Subject: Project Management Framework Advertised

Description: Contract in Ireland

The contracting authority is seeking to establish a framework agreement with a single operator for the provision of programme management and project management services.Associated Link : http://www.businessopportunities.ukti.gov.uk/uktihome/item/823800.html?utm_source=alerts-bizopp&utm_medium=email

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   21/10/2014

Subject: Prudential to Invest £100m in Tidal Lagoon

Description: First in a Network of Coastal Lagoons

The Prudential is to become one of the major investors in the £1bn power-generating tidal lagoon in Swansea Bay.Associated Link : http://www.constructionenquirer.com/2014/10/20/100m-backing-for-1bn-swansea-tidal-lagoon/

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   21/10/2014

Subject: CPA Predicts 23% Growth in Industry

Description: Energy the Biggest Growth Area

The Construction Products Association autumn forecast is predicting that the construction industry will grow by 23% by the end of 2018. The biggest growth sector is expected to be the energy infrastructure, which is anticipated to grow 118.2% by 2018.Associated Link : http://www.construction-manager.co.uk/news/construction-predicted-grow-23-four-years/?

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   21/10/2014

Subject: Balfour Beatty Asks for More

Description: Extra £200m for Conversion of Olympic Stadium

Balfour Beatty is looking for an additional £200m to complete the conversion of the Olympic Stadium into West Hams new home ground. The company has suffered from a string of profit warnings lately. The increased costs are due to problems with the new stadium roof.Associated Link : http://www.cityam.com/1413856910/new-west-ham-stadium-facing-cash-problems?

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   21/10/2014

Subject: Styles & Wood Win Library Refurb

Description: £8.6m Lancaster University Contract

Altrincham-based Styles and Wood have won a £8.6m contract for the refurbishment of Lancaster University's library. Completion is due in January 2016.Associated Link : http://www.insidermedia.com/insider/north-west/125952-contractor-named-library-refurb?utm_source=lancashire_newsletter&utm_medium=property_article&utm_campaign=lancashire_news_tracker

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   20/10/2014

Subject: Arabtec Plans $40bn Homes Project

Description: One Million Homes to be Built in Egypt

UAE-based Arabtec plans to launch the first phase of a huge housing project in Egypt before the end of this year,Associated Link : http://en.aswatmasriya.com/news/view.aspx?id=f2d31c8d-fbce-4b4b-9816-3cfebc4019c5

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   20/10/2014

Subject: Wates Wins £6.1m Leeds Schools Contrac

Description: Rebuild of Community Centre Included in Project

Wates Construction has been awarded a £6.1 million contract by Leeds City Council to build an extension to Little London Primary School on Meanwood Street in Leeds, with work already underway.Associated Link : http://www.wates.co.uk/

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   20/10/2014

Subject: Financing Agreement for Philippines Wind Farm Signed

Description: EDC Signs $315m Agreement

Energy Development, EDC, has signed a $315m financing agreement for the construction of the 150MW Burgos wind project (BWP) in Ilocos Norte, the Philippines, with a group of foreign and local banks.Associated Link : http://www.energy-business-review.com/news/edc-signs-315m-financing-agreement-for-philippines-wind-project-201014-4409833?

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   20/10/2014

Subject: Financing Agreement for Philippines Wind Farm Signed

Description: EDC Signs $315m Agreement

Energy Development, EDC, has signed a $315m financing agreement for the construction of the 150MW Burgos wind project (BWP) in Ilocos Norte, the Philippines, with a group of foreign and local banks.Associated Link : http://www.energy-business-review.com/news/edc-signs-315m-financing-agreement-for-philippines-wind-project-201014-4409833?

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   20/10/2014

Subject: Consultancy Completes Thamelink Conract

Description: Further Projects for Carillion in the Pipeline

Leeds-based civil and structural engineering consultancy, BCS Design, has completed a £700k rail project for Carillion as part of the government’s Thameslink programme in the South East of England.Associated Link : http://www.bcsdesign.co.uk/

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   16/10/2014

Subject: Balfour Beatty Wins $533m Texas Hospital Project

Description: Contract for the Renovation and Expansion of Texas Medical Center campus in Houston

The project for the Memorial Hermann Healthcare System (MHHS) includes building a 17-storey hospital, implementing a building control system for the entire campus and ensuring all hospital services function fully throughout the four-year construction period.Associated Link : http://www.balfourbeatty.com/index.asp?pageid=42&newsid=595#ref_mhhs

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   16/10/2014

Subject: £18.5m Housing Scheme for Charles Church

Description: Housing Development in Stratford

Charles Church South Midlands is investing more than £18m in a new development in Stratford upon Avon for "aspirational" housing. Charles Church will also invest over £450,000 to enhance public open spaces, highways and local facilities.Associated Link : http://www.thebusinessdesk.com/westmidlands/news/680786-charles-church-invests-18.5m-in-new-stratford-housing-scheme.html?utm_source=newsletter&utm_medium=email&utm_campaign=_16th_Oct_2014_-_Daily_E-mail

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   16/10/2014

Subject: £18.5m Housing Scheme for Charles Church

Description: Housing Development in Stratford

Charles Church South Midlands is investing more than £18m in a new development in Stratford upon Avon for "aspirational" housing. Charles Church will also invest over £450,000 to enhance public open spaces, highways and local facilities.Associated Link : http://www.thebusinessdesk.com/westmidlands/news/680786-charles-church-invests-18.5m-in-new-stratford-housing-scheme.html?utm_source=newsletter&utm_medium=email&utm_campaign=_16th_Oct_2014_-_Daily_E-mail

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   16/10/2014

Subject: New Hotel for Humberside Airport

Description: £7m Development Expected to Start this Week

The hotel when operational will carry an internationally renowned brand, and is being built by East Yorkshire property developer Paul Green and will contain around 100 bedrooms and feature a restaurant, bar, gym and secure on-site parking. The project is being partly funded by a RDF grant.Associated Link : http://www.thebusinessdesk.com/yorkshire/news/680720-humberside-airport-hotel-gets-the-green-light.html?utm_source=newsletter&utm_medium=email&utm_campaign=Yorkshire_16th_Oct_2014_-_Daily_E-mail

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   16/10/2014

Subject: Work to Start on Leeds City Region Enterprise Zone

Description: Multi Million Pound Development

Construction and engineering work will start next week on two of the key sites in the Leeds City Region Enterprise Zone, creating 260,000 sq ft of employment space, and a large scale manufacturing and distribution centre.Associated Link : http://www.thebusinessdesk.com/yorkshire/news/680758-landmark-enterprise-zone-developments-set-to-start.html?utm_source=newsletter&utm_medium=email&utm_campaign=Yorkshire_16th_Oct_2014_-_Daily_E-mail#

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   15/10/2014

Subject: Costs Implications of Refusal to Mediate

Description: Party Thought it had a Strong Case

A Court has ruled that, although the parties' dispute was one of contractual interpretation and was not just a financial claim, it had been suitable for mediation. Both parties' conduct was taken into account in awarding costs. This included a refusal to mediate and a failure to accept a without prejudice offer.Associated Link : http://www.blissbooks.co.uk/images/Costs%20Implications%20of%20a%20Refusal%20to%20Mediate.pdf

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   15/10/2014

Subject: Referral of Dispute to DAB Mandatory

Description: Consideration of FIDIC Clause 20.8

The Technology and Construction Court has ruled that the referral of a dispute to a Dispute Adjudication Board under a FIDIC contract was mandatory, and that clause 20.8 was not an "opt-out" permitting a party to go to litigation.Associated Link : http://www.blissbooks.co.uk/images/Referral%20of%20a%20Dispute%20to%20a%20DAB%20Mandatory.pdf

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   15/10/2014

Subject: Durham Hotel Plans £18m Development Plan

Description: Ramside to Become Spa Hotel

The four star Ramside Hotel in Durham is to re-open as a spa hotel after a £18m redevelopment next year.Associated Link : http://www.insidermedia.com/insider/north-east/125548-north-east-hotel-reveals-18m-development-plan?utm_source=northeast_newsletter&utm_medium=top_story_article&utm_campaign=northeast_news_tracker

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   14/10/2014

Subject: JV Formed for Knowsley Logistics Scheme

Description: Lack of Warehousing in Market

Barwood Developments (North) Ltd. and Potter Logistics have formed a joint venture to bring forward a logistics scheme on a 16-acre site in Knowsley.Associated Link : http://www.insidermedia.com/insider/north-west/125426-jv-formed-knowsley-scheme?utm_source=northwest_newsletter&utm_medium=property_article&utm_campaign=northwest_news_tracker

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   14/10/2014

Subject: CWA Secures Three Engineering Contracts

Description: Hundreds of Homes to be Built

CWA, the Birmingham-based consultancy, has secured contracts to carry out the work on projects at One Hagley Road at Five Ways in Edgbaston, St George’s Urban Village in the Jewellery Quarter and Point North at the Waterfront in Brierley Hill for Severn Capital.Associated Link : http://www.thebusinessdesk.com/westmidlands/news/679491-cwa-appointed-to-major-city-living-projects.html?utm_source=newsletter&utm_medium=email&utm_campaign=_14th_Oct_2014_-_Daily_E-mailhttp://www.thebusinessdesk.com/westmidlands/news/679491-cwa-appointed-to-major-city-living-projects.html?utm_source=newsletter&utm_medium=email&utm_campaign=_14th_Oct_2014_-_Daily_E-mail

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   14/10/2014

Subject: ENER-G lands Japanese Partnership Deal

Description: CHP Products to be Exported to Japan

Salford-based green power specialist ENER-G is launching its products into Japan after signing a partnership agreement with Japanese firm Cornes Biogas.The parties have secured a maiden contract at Shikaoi municipal biogas plant in Hokkaido.Associated Link : http://www.thebusinessdesk.com/northwest/news/679524-ener-g-strikes-japanese-partnership.html?utm_source=newsletter&utm_medium=email&utm_campaign=NorthWest_14th_Oct_2014_-_Daily_E-mail#

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   14/10/2014

Subject: Bellway Warns of Overheating in South East

Description: Pressures on Supply Chain

Bellway Homes has warned of growing supply chain cost pressures in the south east as house building rates rocket. Bellway says that it is becoming more difficult to find subcontractors and that shortages are meaning hikes in costs.Associated Link : http://www.constructionenquirer.com/2014/10/14/bellway-warns-south-east-building-costs-rising/?

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   13/10/2014

Subject: New Dubai Cargo Terminal Planned

Description: Part of an 8-Year $32bn Expansion

Aviation services firm dnata, which is owned by the Emirates Group, is to begin the construction od f a massive new cargo terminal at Al Maktoum International at Dubai World Central (DWC) in the second quarter of 2015 Associated Link : http://gulfnews.com/business/aviation/emirates-group-s-dnata-to-build-new-cargo-terminal-at-dwc-1.1394025

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   13/10/2014

Subject: Network Rail Consulting Wins Biggest Contract

Description: £100m Contract

Network Rail is to assist help a new Saudi Arabian railway to run on time in a deal worth nearly £100m. This is a major step in attempts to commercialise the debt-ridden railway operator in order to find alternative sources of revenue to ease the more than £30bn debt it is carrying.Associated Link : http://www.independent.co.uk/news/business/news/network-rail-debtridden-train-operators-middle-east-contract-is-its-biggest-coup-yet-9789225.html

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   13/10/2014

Subject: Crane Barges Enlisted for Mersey Gateway

Description: New Phase in Project

The marine equipment, which includes a 410ft Harry McGill tower crane barge, travelled up the River Mersey from Liverpool Docks.Associated Link : http://www.runcornandwidnesworld.co.uk/news/11528044.Three_marine_barges_herald_new_phase_in_the_construction_of_the_Mersey_Gateway/?ref=rss

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   13/10/2014

Subject: BAM Wins Contract to Convert Police Station

Description: National Academies Framework

BAM Construction is to convert a police building in Salisbury into a university technical college (UTC). The national contractor, which has offices in Bristol, has been selected to deliver South Wiltshire UTC through the national academies frameworkAssociated Link :

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   13/10/2014

Subject: Limitation of Liability Clause did not Prevent Claim for Loss of Profit

Description: Ambiguity in Clause Allows Claim

The Courts have allowed a claim for loss of profit despite a limitation of liability clause in the parties' contract. The words which E.On relied upon were in parentheses, and, therefore, subordinate. Applying business common sense, the most likely loss which would be suffered under the contract wasloss of profits.Associated Link : http://www.blissbooks.co.uk/images/Limitation%20of%20Liability%20Clauses.pdf

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   7/10/2014

Subject: Third Party had No Right to Adjudicate

Description: Contracts (Rights of Third Parties) Act 1999 Considered

The TCC has ruled that Barclays Bank had not right to adjudicate its claims against Hurley Palmer Flett as it was not a signatory to the contract.Associated Link : http://www.blissbooks.co.uk/images/Third%20Party%20had%20no%20Right%20to%20Adjudication.pdf

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   7/10/2014

Subject: Limitation of Liability Clauses

Description: E.On Loses Loss of Profits Case

A Court has found that a limitation of liability clause in a contract was not a bar to a loss of profits claim, due to the ambiguity of the wording.Associated Link : http://www.blissbooks.co.uk/images/Limitation%20of%20Liability%20Clauses.pdf

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   7/10/2014

Subject: Carillion Wins £75m Dubai Contract

Description: First company to benefit from UK Export Finance's (UKEF) new Direct Lending Facility

The contract is for the construction of a 1.6 million sq ft development which will include an eight-storey office building and a 588-room business and tourism hotel. Carillion has used the new Direct Lending Facility with the loan being arranged by Deutsche Bank.Associated Link : http://www.insidermedia.com/insider/midlands/124973-carillion-bags-75m-contract-government-backing?

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   7/10/2014

Subject: Ellis Miller wins planning for £1.5m Hackney mixed-use scheme

Description: Scheme to built Next to Ridley Market

The 627m² scheme includes a café, retail space, and residential accommodation. Construction is expected to start on site in 2015, with the scheme set to complete in 2016.Associated Link : http://www.ellis-miller.com/

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   12/9/2014

Subject: Alstom Begins Polish Wind Farm Project

Description: Completion Due in 2015

The Lotnisko facility in Kopaniewo, which will include 30 wind turbines, is said to be one of the largest renewable energy projects in the nation. It is Alstom’s first wind power project in Poland.Associated Link : http://www.energylivenews.com/2014/09/12/90mw-polish-wind-farm-construction-kicks-off/?

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   12/9/2014

Subject: Construction of Dartford Super Sewer Approved

Description: Thames Water Project

Despite fears over loss of open space in Deptford and construction lasting three-and-a-half years, plans for a £4.1bn 'super sewer' have been approved by the government.Associated Link : http://www.newsshopper.co.uk/news/lewisham/11470633._/?

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   12/9/2014

Subject: Construction of Mackay Airport Hotel now on Site

Description: Partnership with Accor Group

North Queensland Airports has signed an agreement with Accor, that will see a hotel built at Mackay Airport.Associated Link : http://www.airport-world.com/news/general-news/4404-construction-of-hotel-starts-at-mackay-airport.html?

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   12/9/2014

Subject: Toshiba consortium to build Malaysian coal project

Description: EPC Contract

A joint venture company created by Mitsui and 1Malaysia Development Berhad (1MDB) has awarded a consortium of Toshiba, IHI, Hyundai Engineering and Hyundai Engineering & Construction a contract to build a 2000 MW ultra-supercritical power plant in Malaysia.Associated Link :

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   12/9/2014

Subject: £9m St. Andrews' Development Due to Commence

Description: Store and Premier Inn to be Built

Crucible (St Andrews) Limited, the development company behind plans which will provide the town with an M&S Simply Food store and a 65-bedroom Premier Inn Hotel, has announced work is expected to commence on site in October.Associated Link : http://www.fifetoday.co.uk/news/local-headlines/start-date-set-for-9m-development-in-st-andrews-1-3539901

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   10/9/2014

Subject: £32bn Airport Expansion in Dubai

Description: Will be World's Biggest Airport

Dubai Airports has announced a US$32bn (£20bn) expansion of Al Maktoum International airport, which will ultimately accommodate more than 200 million passengers a year.Associated Link : http://www.theconstructionindex.co.uk/news/view/dubai-announces-32bn-airport-expansion

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   10/9/2014

Subject: Cape Wins Long Term Qatar Service Contract

Description: Contract with Pearl GTL

Cape's Qatar operations have signed a five-year contract with Pearl GTL, to provide multi-disciplinary maintenance services to the gas-to-liquids plant at Ras Laffan, Qatar. Associated Link : http://www.capeplc.com/news-and-media/news-announcements/2014/09/cape-signs-long-term-service-contract-with-pearl-gtl-contract-mena.aspx

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   10/9/2014

Subject: £60m Graphene Centre to be Built

Description: National Graphene Institute to be Industry Leader

The University of Manchester is to build a £60m Graphene Engineering Innovation Centre (GEIC), which will be partially funded by an Abu Dhabi-based renewable energy companyAssociated Link : http://www.insidermedia.com/insider/north-west/123056-60m-graphene-centre-manchester?utm_source=northwest_newsletter&utm_medium=top_story_article&utm_campaign=northwest_news_tracker

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   9/9/2014

Subject: New Wind Turbine Complex for Peterborough

Description: RES Wants to Build Wryde Croft Wind Farm

Work is about to commence on the construction of a 13-turbine wind farm near the village of Thorney near Peterborough. Renewable energy company RES wants to combine plans to put up six wind turbines at Wryde Croft with seven turbines proposed for the Nutsgrove. Associated Link : http://www.peterboroughtoday.co.uk/news/local/thirteen-wind-turbines-to-be-built-on-countryside-site-near-peterborough-1-6287127

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   9/9/2014

Subject: Galliford Try Appointed to £250 Million Network Rail Frameworks

Description: Framework for Enhancements and Property Improvements

The framework appointments have been awarded to Galliford Try’s recently acquired Miller Construction brand and will see the delivery of building projects, including new stations, station enhancements, platform extensions, depots, office buildings and property refurbishments projects in the Central Region East Midlands route, covering London St. Pancras to Sheffield and the London Northwest-North route, covering Crewe to Carlisle and including Liverpool and Manchester. In addition, it has been appointed to deliver property improvements as part of the SNE Region Renewals Collaborative Delivery Programme on the London Northeast route between London Kings Cross and Berwick on TweedAssociated Link : https://bdaily.co.uk/industrials/09-09-2014/galliford-try-appointed-to-multi-million-pound-network-rail-project-in-the-north-west/?

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   9/9/2014

Subject: BAM Preferred Bidder for Dundee's V&A Museum

Description: Unions Allege Company Guilty of Blacklisting

Despite allegations that it took part in blacklisting, BAM has won preferred bidder status for the construction of Dundee's £45m V&A museum.Associated Link : http://www.bbc.co.uk/news/uk-scotland-tayside-central-29124581?

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   8/9/2014

Subject: Balfour Beatty Wins £42m University Project

Description: Redevelopment of Art Faculty at De Montfort

Balfour Beatty has been awarded a £42 million contract to redevelop the Faculty of Art, Design and Humanities at De Montfort University in Leicester.The project will include the refurbishment of a 12-storey teaching block, the construction of a new six-storey building, the conversion of a two-storey building and all associated mechanical and electrical work, creating 27,700m2 of new teaching and support office spaceAssociated Link : http://www.balfourbeatty.com/index.asp?pageid=42&newsid=585#ref_demontfort

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   8/9/2014

Subject: £65m Development Planned for Sheffield

Description: Consortium of Chinese Investors

A planning application has been made to Shefield Council for a £65m leisure, international and residential development. The 20 storey scheme is set to create 400 new jobs once construction has been completed. Work is due to start early next year. A consortium of six investors from China is behind the project, working closely with New Era Development, the company behind the plansAssociated Link :

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   4/9/2014

Subject: Barbados: Opportunities for Quantity Surveyors

Description: Government Contracts

The Government of Barbados is inviting technical and price proposals for the quantity surveying services for the construction and renovation of schools. The services include provision of estimates of the costs of projects, production of tender documents and management of project finances.Associated Link : http://www.businessopportunities.ukti.gov.uk/uktihome/item/809217.html?utm_source=alerts-bizopp&utm_medium=email

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   4/9/2014

Subject: Construction of the World’s Largest Floating Solar Energy to Start

Description: Combined Output of 2.9MW.

Kyocera TCL Solar, a joint venture between Japanese technology firm Kyocera and Century Tokyo Leasing, is to develop and operate two floating solar power plants at Nishihira Pond and Higashihira Pond in Kato City, Hyogo Prefecture, Japan, using French firm Ciel et Terre’s Hydrelio floating solar platforms.Associated Link : http://eandt.theiet.org/news/2014/sep/floating-solar.cfm

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   4/9/2014

Subject: Planning Permission Granted for £32m Innovation Centre

Description: Animal Research Centre

The University of Edinburgh has won planning permission for a £32m innovation centre and campus hub for animal research.Associated Link : http://www.constructionenquirer.com/2014/09/04/go-ahead-for-32m-university-of-edinburgh-vets-campus/

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   4/9/2014

Subject: Balfour Beatty Sells Parks to WSP

Description: Money to go Towards Funding UK Arm

Balfour Beatty has raised £820m by selling its US arm, Parsons Brinckerhoff to WSP.Associated Link : http://www.yorkshirepost.co.uk/business/business-news/balfour-sells-us-arm-1-6821636

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   3/9/2014

Subject: Green Port Gets Green Light

Description: Hull City Council Approves Plans

Siemens and ABP are to begin work on the £310m Green Port Hull scheme later this year after Hull City Council’s planning committee approved plans this afternoon.Associated Link : http://www.thebusinessdesk.com/yorkshire/news/663744-green-port-hull-plans-given-the-go-ahead.html?

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   2/9/2014

Subject: Nuclear Contract Advertised

Description: Project and Design Preparation, Estimation of Costs

Capenhurst Nuclear Services is advertising for a contract for Programme/Project Management services for the curation of the design and build of the Legacy Cylinder Facility.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:298082-2014:TEXT:EN:HTML

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   2/9/2014

Subject: Laing O'Rourke Consortium Wins £200m Dumfries Hospital Contract

Description: Highwood Heath Will Commence Construction in 2015

A Laing O’Rourke/ Serco consortium has been named preferred bidder for a £200m general hospital development in Dumfries.NHS Dumfries and Galloway said the contractor will start construction of the 350-bed facility on the outskirts of Dumfries next year.Associated Link : http://www.laingorourke.com/media/news-releases/2014/nhs-dumfries-and-galloway-appointment.aspx

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   2/9/2014

Subject: Kier to build £40m Glengarnock education campus

Description: Completion by 2016

Hub South West Scotland has appointed Kier Construction to deliver the £40m Glengarnock community and education campus on behalf of North Ayrshire Council, after the scheme secured planning approval.Associated Link : http://www.kier.co.uk

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   2/9/2014

Subject: Help to Buy Aids Redrow's Record Results

Description: Profits Soar in Anniversary Year

Revenue and pre-tax profit have soared at housebuilder Redrow, aided by a rise in completions that have been supported by the government's Help to Buy scheme.Redrow posted a pre-tax profit of £132.6m for the year to 30 June 2014 – a 91 per cent rise compared with £69.4m for the previous year. Meanwhile, revenue rose from £604.8m in 2013 to £864.5m during the same periodAssociated Link : http://www.standard.co.uk/business/business-news/housebuilder-redrows-profits-soar-aided-by-help-to-buy-9705500.html

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   1/9/2014

Subject: Kier Awarded London Tower and Waterways Contracts

Description: Will Provide Services Across the Waterways System

Kier has won two new lots of work, comprising the building of a high-rise tower in London and a six- year waterways contract. Kier's Construction Division has been appointed by Knight Dragon Developments as the preferred bidder to design and build a new £50m residential tower in Greenwich.Associated Link : http://www.building.co.uk/news/kier-scoops-%C2%A350m-greenwich-tower/5070617.article?

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   1/9/2014

Subject: Skanska Wins Multi Million Euro Contract in Oslo

Description: Two Year Contract

Skanska has signed a contract with Storebrand Eiendom to rebuild a part of Ruseløkkveien and renovate the surrounding houses and car park in Oslo Associated Link : http://www.skanska.co.uk

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   1/9/2014

Subject: Cavendish Fluor to run 12 nuclear sites

Description: JV to Decommission 12 Sites

Under the multi billion pound contract, awarded by the Nuclear Decommissioning Authority (NDA), Cavendish Fluor Partnership (CFP) will take ownership of Magnox Ltd and Research Sites Restoration (RSRL), the Site Licence Companies (SLCs) for 12 UK nuclear sites.Associated Link : http://www.cavendishnuclear.com/

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   29/8/2014

Subject: QS Firms Criticise Proposed RICS Qualification Reform

Description: Fears of "Dumbing Down"

Members of the Royal Institution of Quantity Surveyors (RICS) have written to complain about the RICS' proposed changes to its Assessment of Professional Competence (APC) qualifications. the firms say that the proposals are a dumbing down of the qualification.Associated Link : http://www.building.co.uk/news/top-qs-firms-clash-with-rics-over-qualification-reform/5070567.article

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   26/8/2014

Subject: HSE Publishes the Outcome of CDM Consultation

Description: Paper Recommends Changes be Approved

The Health and Safety Executive has published the outcome of its consultation on its proposals to revise the Construction (Design and Management) Regulations 2007.Associated Link : http://www.hse.gov.uk/aboutus/meetings/hseboard/2014/130814/paugb1462.pdf

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   26/8/2014

Subject: Quantity Surveyors Sought

Description: Bath Abbey Footprint Project Quantity Surveying Services.

Bath Abbey Footprint is a programme of repair, new construction and interpretation to meet the needs of a Grade 1 listed church. The design work is largely at RIBA Stage 3. Bath Abbey wishes to appoint a company to provide quantity surveying services for this programme.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:290691-2014:TEXT:EN:HTML

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   26/8/2014

Subject: Contract Notice: Contract Administration Services

Description: AmicusHorizon Issues ITT

AmicusHorizon Ltd. has issued a notice inviting tenders for contract administration services, including: the preparation of specifications, preparing the programme of works and on-site monitoring. Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:290796-2014:TEXT:EN:HTML

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   22/8/2014

Subject: UAE construction projects to hit $315bn in 2014

Description: E. C Harris International Focus Reports Growth Confidence

And as of May 2014, $212bn worth of construction projects are currently under construction. As a result, the UAE’s construction market is predicted to return to near full capacity with a number of megaprojects in the pipeline and the ramping up of social infrastructure spend, according to EC Harris’ 2014 International Focus on the UAE report.Associated Link : http://www.echarris.com/pdf/8722_International%20Focus%20on%20UAE%20FINAL.pdf

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   22/8/2014

Subject: Persimmon to Invest £32m in Coventry Scheme

Description: Hiusing Scheme to Commence in September

Persimmon Homes is set to begin on work on a £32m housing development in Little Heath in Coventry.Associated Link : http://www.thebusinessdesk.com/westmidlands/news/659232-persimmon-commits-to-32m-coventry-housing-scheme.html?

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   22/8/2014

Subject: Battle to Snap up Hyder Consulting

Description: Bidding War

A bid battle has broken out for design and engineering group Hyder Consultancy after Arcadis trumped a £268.1m bid by Japanese engineering consultant Nippon Koei.Associated Link : http://sharecast.com/news/bid-battle-breaks-out-for-hyder-consulting/21984461.html?

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   22/8/2014

Subject: University of Aberdeen Seeks QSs

Description: CASS/Central Teaching Accommodation

The University of Aberdeen is advertising a contract for quantity surveyors for the proposed refurbishment and new build to improve College of Arts and Social Sciences accommodation, and refurbishment of Central Teaching accommodation.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:286279-2014:TEXT:EN:HTML

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   20/8/2014

Subject: CCS Issues Response to Payment Charter

Description: Confederation of Construction Specialists' Paper

Following publication in April, of the Construction Leadership Council’s (CLC) ‘Construction Supply Chain Payment Charter’, much was written and opinions offered in an immediate response. The CCS decided to ‘let the dust settle’ and assess the document in a more reflective and considered timescale. This paper is its considered response.Associated Link : http://thecontractshop.co.uk/images/Download/440331069618.pdf

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   20/8/2014

Subject: WYG Consortium Wins Polish Nuclear Contract

Description: First Polish Nuclear Power Plant

WYG has been appointed as a key partner in a consortium, led by AMEC plc, that has been appointed by PGE EJ1, a subsidiary of Polish state-controlled Polska Grupa Energetyczna SA, as preferred bidder to support the development of Poland’s first nuclear power plant over the next 10 years.Associated Link : http://www.machinery-market.co.uk/news/7568/Polish-nuclear-power-plant-contract-for-WYG?

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   20/8/2014

Subject: North Lincolnshire Advertises QS Framework

Description: Construction and Highway Services

North Lincolnshire Borough Council is advertising a framework contract for a range of professional services, including quantity surveying. Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:284691-2014:TEXT:EN:HTML

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   20/8/2014

Subject: HCA Shortlists for Large Sites Infrastructure Programme

Description: List will now go through Due Diligence

Thirty six large scale housing projects are set to benefit from Homes and Community Agency funding for major infrastructure, subject to a two-stage due diligence process. Associated Link : https://www.gov.uk/government/publications/large-sites-infrastructure-programme-shortlist

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   19/8/2014

Subject: WSP Wins Middle East Airport and Road Contracts

Description: Design, Civil, Structural and Consultancy Services

WSP has been appointed by J&P Overseas Ltd. to carry out detailed design work on two major airport facilities in Oman and a highway in Qatar.Associated Link : http://www.wspgroup.com/en/WSP-UK/Who-we-are/Newsroom/News-releases1/20141/WSP-WINS-MAJOR-CONTRACTS-IN-MIDDLE-EAST/

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   19/8/2014

Subject: £74m Government Grant for Scottish Biomass Scheme

Description: CHP Plant Will Power 20,000 Homes

A biomass energy scheme at Craigellachie in Moray has received a funding boost from the government. Associated Link : http://news.stv.tv/scotland/288814-funding-secured-for-74m-green-energy-biomass-plant-in-moray/

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   19/8/2014

Subject: Material Shortages Threaten Recovery

Description: RICS Issues Second Quarter Market Survey

The survey cites materials shortages as the greatest factor limiting building activity, overtaking financial constraints which have, until now, consistently been highlighted as the largest issue facing construction. These factors have been converging over the last three quarters as investor confidence has improved and pressure on capacity has tightened.Associated Link : http://www.rics.org/uk/knowledge/news-insight/press-releases/skills-shortage-concerns-reach-highest-level-since-2008-/

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   19/8/2014

Subject: Pickles Delays Decision on Brighton Hippodrome

Description: Victorian Society Disturbed by Proposals

Communities secretary Eric Pickles has issued a notice to allow him more time to decide on whether to call in controversial plans to convert Brighton's Grade II listed Hippodrome into an eight-screen cinemaAssociated Link : http://thelatest.co.uk/brighton/2014/08/18/brighton-hippodrome-plans-put-on-hold-by-pickles/

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   19/8/2014

Subject: QSs Wanted by Historic Royal Palaces

Description: Framework Agreement Advertised

Historic Royal Palaces is advertising a framework contract for quantity surveying consultancy services for works to existing and new buildings it Hillsborough Castle, Hillsborough, County Down, Northern Ireland.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:283086-2014:TEXT:EN:HTML

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   14/8/2014

Subject: E100m Windpark Contract for Bilfinger and Berger

Description: Contract for 72 Foundations

Bilfinger + Berger has won an order for the installation of a total of 72 foundations for the new Sandbank Offshore Windpark. Sandbank is a joint partnership of Vattenfall and the city of Munich's public utility company. Work will continue until 2016.Associated Link : http://www.bilfinger.com/en/press/press-releases/article/article/3556/

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   13/8/2014

Subject: New Adjudication Judgment

Description: Adjudicator was not in Breach of Natural Justice

The adjudicator had been entitled to use his own experience in coming to his decision and in seeking advice.Associated Link : http://thecontractshop.co.uk/news.aspx

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   13/8/2014

Subject: Imported Rebar Fails BSI Tests

Description: Fuels Concerns About Imported Rebars

Tests on imported Chinese rebars have revealed that some batches do not comply with British Standard BS449. The British Association of Reinforcement is warning its members of potential problems following a surge in the numbers of rebars imported into the UK.Associated Link : http://constructionenquirer.us1.list-manage.com/track/click?u=82ba0eaadf0d32eaf4fd18617&id=64175b003e&e=d88111561a

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   13/8/2014

Subject: New Seventeen Storey Office Block for Manchester

Description: 1970s' Office Block to be Replaced

Plans have been submitted to replace London Scottish House in Manchester with a 17-storey Grade A Office Block. The site is opposite Manchester Central.Associated Link : http://www.insidermedia.com/insider/north-west/121190-17-storey-block-planned-city-centre-site?utm_source=northwest_newsletter&utm_medium=top_story_article&utm_campaign=northwest_news_tracker

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   11/8/2014

Subject: Design Contest for new Bristol Arena

Description: £90m Project

The Bristol Arena project, large indoor multipurpose arena, will be built on the former diesel depot site close to Temple Meads railway station in the city centre. The council is aiming to have construction completed and the arena open by summer 2017. Budget for the arena project is £90m. Associated Link : http://www.theconstructionindex.co.uk/news/view/bristol-launches-design-competition-for-90m-arena

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   11/8/2014

Subject: Growth in Northern Ireland's Construction Sector

Description: Survey Shows Strong Recovery

A survey by the Ulster Bank has revealed further sharp expansion of private sector output in Northern Ireland was recorded in July as the headline seasonally adjusted Business Activity Index rose to 59.8 from 59.0 in the previous month.Associated Link : http://www.u.tv/News/Growth-in-NIs-construction-sector/a0fa0f13-9500-458a-a4a0-dfcf49440bc7

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   11/8/2014

Subject: Balfour Beatty Rejects Carillion Again

Description: BB Prefers Restructuring

Balfour Beatty had rejected revised attempts by Carillion to secure a potential £3bn merger. Balfour Beatty originally rejected the terms of Carillion’s proposed merger because Carillion wanted to keep consultancy Parsons Brinckerhoff as part of the entity, whilst Balfour Beatty intended to sell-off the business. This comes as Balfour Beatty reports a 53% fall in profits.Associated Link : http://www.telegraph.co.uk/finance/newsbysector/constructionandproperty/11025232/Balfour-Beatty-rejects-revised-Carillion-merger-approach.html

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   7/8/2014

Subject: Exceptional costs hit Amec

Description: Purchase of Foster Wheeler Hits Profits

A £20m loss on the sale of its investment in a waste joint venture in Lancashire and costs relating to its proposed acquisition of Foster Wheeler have led to first-half pre-tax profit falling by almost a third at Amec.Associated Link : http://www.amec.com/investors/results-centre/half-year-results-2014

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   4/8/2014

Subject: Negligent Misstatement Claim Fails

Description: No Reliance on Surveyor's Certificates

The purchasers of flats have failed in their claim against the surveyors who issued certificates saying that the flats had been built to a satisfactory standard and in accordance with the drawings and building regulations. The certificates had not been in existence when the purchasers had decided to buy the flats so that there could be no reliance.Associated Link : http://www.bailii.org/ew/cases/EWCA/Civ/2014/714.html

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   4/8/2014

Subject: University Looking for Project Managers

Description: CASS/Central Teaching Accommodation Project Management

The University of Aberdeen is advertising for project managers for the extension and refurbishment of a number of buildings.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:264774-2014:TEXT:EN:HTML&src=0

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   4/8/2014

Subject: Islington First Council to Blacklist the Blacklisters

Description: Kier Loses Contract After 14 Years

Islington has become the first local authority to remove a construction firm which used a blacklist from a council contract. Kier, which had held a contract to repair council homes for the last fourteen years, has been removed and its employees will be transferred to the Council.Associated Link : http://www.morningstaronline.co.uk/a-67fe-Council-boots-blacklisters-off-contract?#.U99RNvldU-c

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   4/8/2014

Subject: Third PF2 Schools Win for Morgan Sindall JV

Description: £80m-£120m Batch of North West Schools

The preferred joint venture bid from Morgan Sindall Investments and Equitix will deliver five secondary schools and seven primary schools, with work commencing in March 2015Associated Link : http://www.constructionenquirer.com/2014/08/03/morgan-sindall-bags-120m-third-pf2-schools-batch/?

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   4/8/2014

Subject: UK Construction Sector Continues Strong Growth

Description: Beats Expectations

The purchasing managers' index (PMI) data from Markit has recorded a level of 62.4, just above the consensus expectation of 62 and only slightly behind June's growth of 62.6. Any score above 50 indicates growth.Associated Link : http://www.cityam.com/1407142191/uk-construction-sector-beats-expectations-activity-housing-sector-its-highest-2003?

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   29/7/2014

Subject: Contract for QS Services

Description: Consultant Framework Advertised

The University of East Anglia is advertising a framework for a range of consultants, including project managers, CDM co-ordinators and quantity surveyors.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:251423-2014:TEXT:EN:HTML&src=0

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   29/7/2014

Subject: Conlon Wins Lancashire School Contract

Description: £5m Contract

Conlon Construction has been awarded a £5m project to refurbish and extend the former Ashton Community Science College on Ribbleton Hall Drive as a new campus for Sir Tom Finney Community School in Preston. The Preston-based contractor will be responsible for a major refurbishment of the existing school building along with a single-storey extension.Associated Link :

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   29/7/2014

Subject: Costain Wins EPC Contract Extension With Perenco

Description: £30m Contract

Costain has been appointed by independent oil & gas company Perenco to deliver Engineering, Procurement and Construction (‘EPC’) services for the environmental upgrade of the Dimlington gas terminal on Humberside.Associated Link : http://sharecast.com/news/costain-wins-163-30m-uk-gas-terminal-upgrade-deal/21909724.html

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   29/7/2014

Subject: Bechtel to Build Kosovo's Second Motorway

Description: Four-Year Project

Bechtel and joint-venture partner Enka have been selected by the government of Kosovo to build a new 37-mile (60-kilometer) motorway linking the capital, Pristina, to neighbouring Macedonia.Associated Link :

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   29/7/2014

Subject: BAM Wins £33m Retirement Village Contract

Description: Village Will Have Space for 240 Residents

BAM is to construct a retirement village, Richmond Witney, for Richmond Care Villages, which is part of BUPA. BAM is currently on site at the University of Oxford, where it is building the £11m Softbridge building for St Antony’s College. Designed by renowned architect Zaha Hadid, the building will be a futuristic addition to the historical college.Associated Link : http://www.construction.co.uk/construction_news.asp?newsid=184239

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   28/7/2014

Subject: Judge Criticises Drafting of FIDIC Clause 20.7

Description: Subcontractor Seeks to Obtain Payment of Dispute Board Decision

The central issue was whether CRW was entitled to enforce a DAB decision by way of an interim award, which was final and binding, without the Tribunal first determining the underlying merits of the DAB decision.
The judge commented that clause 20.7 was poorly drafted and the only way to avoid the interpretative difficulty was to ignore its implications when analysing the position of a contractor holding a non-final DAB decision. Associated Link : http://www.blissbooks.co.uk/images/Judge%20Criticises%20FIDIC%20Red%20Book%20clause%2020.pdf

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   25/7/2014

Subject: Amey and Carillion Win Defence Contracts Worth £2.8bn

Description: Three More Next Generation Contracts

An Amey/ Carillion joint venture has been awarded an additional three contracts with the Defence Infrastructure Organisation (DIO), with a minimum value of £955.3million and that could be worth up to £2.8 billion including additional services and possible extensions.
These contracts form the final part of the DIO’s Next Generation Estate Contracts programme to maintain and upgrade defence infrastructure, and takes the joint venture contract wins to five, including the two contracts awarded in May*. The contracts have a combined value of up to £4.5 billion and will see the Amey joint venture delivering services right across the UK. Associated Link :

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   25/7/2014

Subject: £1bn Albert Dock project Approved

Description: Outline Approval Also Given for Remainder of Scheme

Chinese developer ABP and development manager Stanhope have been granted planning permission for their 4.7m sq ft scheme at Royal Albert Dock. The approval is a step towards the wider regeneration of the Royal Docks.Associated Link : http://www.constructionenquirer.com/2014/07/25/green-light-for-1bn-royal-albert-dock-scheme/

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   25/7/2014

Subject: Danish Architects Appointed to Leeds South Bank Project

Description: Plans to Exploit HS2 Link

Arup has joined forces with Gehl Architects to work on developing Leeds City Council's vision for the South Bank area. The plans, which should be completed by the end of year, will explore location and footprint of a new railway station as well as how it would connect with the existing station.Associated Link : http://www.insidermedia.com/insider/yorkshire/119897-masterplanners-appointed-leeds-south-bank

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   25/7/2014

Subject: Carillion and Balfour Beatty Confirm Merger Talks

Description: Announcement Shocks Industry

Carillion, the contractor which is to complete the £75m expansion of Liverpool FC's main stand at Anfield, has confirmed it is in merger talks with Balfour Beatty. The possible deal would create a £3bn construction and services giant that would likely enter the FTSE-100. The two companies revealed "preliminary discussions" have taken place as the boards believe a deal has the potential to create a "market leading services, investments, and construction business of considerable depth and scale Associated Link : http://www.theconstructionindex.co.uk/news/view/balfour-beatty-and-carillion-hold-merger-talks

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   23/7/2014

Subject: Caddick Awarded £2.4 million Shopping Centre Contract

Description: Revamp of Core Shopping Centre in Leeds

Caddick Construction has been awarded a £2.4 million contract to create a new food cluster area and to carry out essential refurbishments to The Core Shopping Centre in Leeds.Associated Link :

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   23/7/2014

Subject: Balfour Beatty Wins M3 Smart Motorway Contract

Description: Construction to Begin in August

Balfour Beatty has won assigned to a £129m project to upgrade a 13-mile stretch of the M3 through Hampshire and Surrey to a 'smart motorway'.Associated Link : http://www.constructionenquirer.com/2014/07/23/balfour-wins-129m-m3-smart-motorway-job/

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   23/7/2014

Subject: Peel Awards £39m Civils Package to Sisk

Description: Port Salford Project

John Sisk & Sons has been selected by Peel to deliver the first phase civils package of its £400m Port Salford inland freight terminal. Sisk will deliver a varied package of infrastructure works at the site under a £39m contract. Associated Link : http://www.constructionenquirer.com/2014/07/23/sisk-scoops-39m-port-salford-infrastructure-works/

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   22/7/2014

Subject: St. Modwen Wins Approval for Cannock Housing Scheme

Description: Multi Million Pound 700-house Scheme

St. Modwen was given a resolution to grant planning permission for the development in 2012 and has since been working with the council to agree the 106 agreement, which was made up of a package of financial contributions and infrastructure improvements to help enhance the local area.Associated Link : http://www.insidermedia.com/insider/midlands/119632-st-modwen-get-started-pye-green-project?utm_source=westmidlands_newsletter&utm_medium=property_article&utm_campaign=westmidlands_news_tracker

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   22/7/2014

Subject: Mitie Wins £15m Contract at Heathrow

Description: Three Year Contract

Bristol-based outsourcing company Mitie has won a £15m contract to provide maintenance and repair work at Heathrow Airport.Associated Link : http://www.insidermedia.com/insider/south-west/119634-mitie-wins-15m-heathrow-contract

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   22/7/2014

Subject: Survey Says that SMEs are £0.5m in Debt

Description: Smaller Firms Struggling with Late Payments

A survey by Debt recovery firm Debt Guard Solicitors suggests that the average small and medium sized construction company carried trade debt of £484,000 last year. Debt Guard analysed the accounts of 550 construction SMEs.Associated Link : http://www.theconstructionindex.co.uk/news/view/survey-suggests-average-builder-is-half-a-million-in-debt

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   22/7/2014

Subject: Tower Hamlets Approves Canary Wharf Extension

Description: 30 New Buildings to be Built

Construction is to begin on the giant Wood Wharf scheme in London’s Docklands before the end of this year after planning permission was granted today by Tower Hamlets council. The 4.9m sq ft scheme will extend Canary Wharf eastwards with the addition of 30 new buildings.Associated Link : http://www.constructionenquirer.com/2014/07/22/go-ahead-for-4-9m-sq-ft-extension-to-canary-wharf/

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   16/7/2014

Subject: Balfour Beatty Joint Venture Wins Multi Million Pound Building Contracts in Hong Kong

Description: Hong Kong Public Housing Contract

A Gammon/ Jardine Matheson joint venture has been awarded a HK$2.82 billion (£216 million) contract by the Hong Kong Housing Authority for a public rental housing development in Tuen Mun in the New Territories, which will provide approximately 4,600 flats in 33 to 38 storey towers and other community facilities. The project will be completed by 2016/2017. .Associated Link :

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   15/7/2014

Subject: Contractor Liable for Subcontractor's Acts and Omissions

Description: Contractor Liable for Fire which Destroyed House

The fire had been caused by the installation of the chimney and that, if it had been properly installed, the fire would not have happened. Since Feltham was responsible in contract for the acts and omissions of its subcontractors, it was in breach of clause 2.1 of the JCT contract and liable to the claimants. It did not matter whether the cause was entirely attributable to Affleck’s acts or omissions. Feltham had been directly responsible for scalloping, or otherwise ensuring that there had been adequate separation around the flue. The claimants were awarded summary judgment.Associated Link :

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   15/7/2014

Subject: Blackpool Council Searches for Project Manager

Description: New Museum for Blackppol to be Built

Blackpool Council is looking to appoint a Project Manager to be the professional lead for all aspects of the Development/ Capital Build Programme for the Museum for Blackpool. The appointment may be suitable for a freelance consultant or a project team within a larger consultancy.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:231327-2014:TEXT:EN:HTML&src=0

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   15/7/2014

Subject: $50m Five-Year Road Upgrade Project in Oz

Description: Contracts to be Advertised Soon

Work is set to commence on a $50 million, five-year upgrade to one of Australia’s most iconic roads. Vicroads will release project details, including those involving construction contracts and opportunities, within a month. Vicroads is project managing the improvements to the Great Ocean Road between Allansford and Torquay.Associated Link :

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   12/7/2014

Subject: Mediation

Description: Lecture on mediation - QSi Northwest

Howard Nulty of St Helens Law has indicated that he will be prospered to provide a lecture on the advantages of Mediation.
,br> Howard is an excellent speaker.
Could members please register their interest by emailing info@andrewrwilliams.co.uk ,br> Spaces will be limited Associated Link :

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   9/7/2014

Subject: Thames Water Advertises Expert Witness Framework

Description: Experts Needed for Independent Compensation Panel

Thames Water is to establish an Independent Compensation Panel for those who may be affected by the construction of the Thames Tideway Tunnel. Amongst those professions required are quantity surveyors.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:231768-2014:TEXT:EN:HTML

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   8/7/2014

Subject: Warnings Over Non-Compliant Steel

Description: New Regulations Came into Force on 1 July

From 1 July, all manufacturers, distributors and importers of fabricated steel and aluminium have to ensure that they are CE certified and that all products are printed with the CE mark to demonstrate compliance with the appropriate manufacturing standard. However, projects which were in progress a that date are likely to have non-compliant steel on site.Associated Link : http://www.construction-manager.co.uk/news/warning-over-non-compliant-steel-site/

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   8/7/2014

Subject: Galliford Try Selected by EFA for Regional Framework

Description: GT Chosen for Five Regions

Galliford Try has been selected by the Education Funding Agency for three lots on the new EFA Regional Framework. The framework exists for smaller value individual capital projects, including refurbishment and rebuilding of school buildings across the country and is intended to complement the existing contractors framework of which Galliford Try is also an appointed member. Galliford Try has been selected for the North West, South West and London and South East regions with a combined pipeline worth a projected £3.25bnAssociated Link :

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   8/7/2014

Subject: Majority of Shareholders Support Pochin Buy-Back

Description: 91% Approve Plan

The offer by property development director James Nicholson and other members of the Pochin family values the Middlewich company at £9.4m.Associated Link : http://www.thebusinessdesk.com/northwest/news/640815-91-back-pochin-s-buyout.html

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   8/7/2014

Subject: Eleven Stadia to be Built in Saudi Arabia

Description: Saudi Aramco to Oversee Projects

Giant oil company Saudi Aramco is to help to build eleven "world class" stadia. King Abdullah has ordered Saudi Aramco to help run the project, which will see the stadiums built in various cities across the kingdom.Associated Link : http://www.arabianbusiness.com/saudi-aramco-oversee-kingdom-s-11-new-stadia-556838.html#.U7ugv2dOXIU

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   8/7/2014

Subject: $72m Construction Contract Awarded for Stage 2 of Western Sydney Road Upgrade Project

Description: Supply Opportunities for British construction Companies

A $72 million contract has been awarded for the Stage 2 construction works of a western Sydney road upgrade. An OHL York joint venture will construct the Upgrade of Schofields Road between Tallawong Road and Veron Road.Associated Link :

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   8/7/2014

Subject: Tenders for $280m Newcastle Inner City Bypass Advertised

Description: Construction Expected to Commence in 2017

The New South Wales State Government has committed to funding the $280m Newcastle Inner City Bypass in the NSW Hunter region. The Rankin Park to Jesmond section is the fifth and final stage of the Newcastle Bypass project. The final section of the project will now move to concept design and environmental impact assessment stage.Associated Link :

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   3/7/2014

Subject: Work to start on Exeter flood defence scheme

Description: £30m Scheme to Protect Homes and Businesses

The first phase of Exeter’s £30 million flood defence scheme will begin next month with improvements to the main flood relief channel. When complete, the new scheme will reduce flood risk to approximately 3,000 homes and businesses throughout the city.Associated Link : https://www.gov.uk/government/news/work-to-start-on-exeter-flood-defence-scheme

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   2/7/2014

Subject: Tender Alert

Description: QS Services Required by English Heritage

English Heritage is tendering a number of regional frameworks for quantity surveying services.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:221135-2014:TEXT:EN:HTML

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   2/7/2014

Subject: £600m Residential Deal for Manchester

Description: Mixed use Development at Milliners Wharf

The Scarborough Group International has entered into a joint venture with Top Spring International Holdings, a Hong Kong-listed real estate developer, and Metro Holdings to build two residential developments in Manchester with a value of more than £600m.Associated Link : http://www.propertyweek.com/residential/scarborough-agrees-%C2%A3600m-manchester-resi-deal/5069063.article

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   2/7/2014

Subject: £500m 'Croydon gateway' to Start this Month

Description: Midgard Appointed to

The nine-acre site “East Croydon gateway”, has laid largely empty for 15 years and completely derelict since the closure of the Warehouse Theatre in 2012. Developers Stanhope and Schroders secured planning permission last year for the first phase of the development, widely seen as a key part of the town's regeneration, after fending off rival proposals to build an arena on the site. Associated Link : http://www.yourlocalguardian.co.uk/news/local/croydonnews/11313948._/

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   2/7/2014

Subject: Increase in Construcrtion Output Boosts Pound

Description: PMI Index Increased in June

The pound had continued its strong recovery after fresh construction data provided further evidence of the strength of the UK’s recovery.Associated Link : http://www.citywire.co.uk/new-model-adviser/pound-continues-climb-after-construction-boost/a759873?ref=new-model-adviser-latest-news-list

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   2/7/2014

Subject: Carillion Preferred Bidder for Anfield Stadium

Description: Stadium Project Worth £75m

Work on the project is expected to start later in 2014, subject to planning consent, and take 20 months to complete. A detailed planning application was submitted to Liverpool City Council in June. - See more at: http://www.placenorthwest.co.uk/news/archive/16170-carillion-wins-75m-anfield-stadium-job.html#sthash.Z0q2qoci.dpufAssociated Link : http://www.placenorthwest.co.uk/news/archive/16170-carillion-wins-75m-anfield-stadium-job.html

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   30/6/2014

Subject: Director Did Not Assume Personal Liability

Description: Designer of Car Park had no Personal Obligation

It was commonplace that a trader who transfers his business to a limited company will do so in order to benefit financially from its commercial exploitation. If it were the case that an inventor wanting to make money was to be taken to have assumed personal responsibility despite trading through a limited company, the main benefits of incorporation would be lost: that was not the law. That Mr. Pashouros extolled the virtues of the Condek system did not indicate that he was assuming responsibility; to do so would mean that he had lost the benefits of incorporation.Associated Link : http://www.blissbooks.co.uk/images/Assume%20nothing.pdf

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   30/6/2014

Subject: £10bn Nuclear Power Station for Cumbria

Description: Toshiba Acquires 60% Stabe in NuGen

Toshiba has acquired a 60% stake in NuGeneration Ltd (NuGen), the nuclear energy company which plans to build three Westinghouse AP1000 reactors to the north and west of the Sellafield site. GDF SUEZ has retained its 40 per cent holding. This new joint venture will drive the project forward, creating 21,000 jobs with an investment of at least £10bn.Associated Link : http://www.insidermedia.com/insider/north-west/117912-deal-agreed-power-cumbria-nuclear-scheme?utm_source=breaking_news_newsletter&utm_medium=top_story_article&utm_campaign=breaking_news_tracker

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   25/6/2014

Subject: Balfour Beatty/ Cavendish JV Win Sellafield Contract

Description: Third Phase of Sellafield Nuclear Facility Contract Valued at £160 million

The joint venture will deliver the facility which will be an integral part of Sellafield’s long-term waste retrieval hazard reduction programme. This final phase of works follows the first two phases consisting of a £5.5 million preliminary design phase and £12.5 million detailed design and enabling works.Associated Link : http://www.thebusinessdesk.com/northwest/news/635569-balfour-beatty-and-cavendish-secure-160m-sellafield-contract.html?utm_source=newsletter&utm_medium=email&utm_campaign=NorthWest_25th_Jun_2014_-_Daily_E-mail#

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   24/6/2014

Subject: Man City Owners to Fund Regeneration Projects

Description: Partnership with City Council

More than 6,000 new homes are to set to be built in once rundown parts of Manchester thanks to a £1bn deal between Manchester City Council and the Middle Eastern owners of Manchester City football club. The Council will provide the land. Manchester council today announced a 10-year agreement with the Abu Dhabi United Group, with the two parties forming a partnership dubbed ‘Manchester Life.’
830 privately rented homes will be built in the Ancoats and New Islington areas of east Manchester near to City’s Etihad Stadium in the first phase. Work is set to commence in 2015.Associated Link : http://www.manchestereveningnews.co.uk/business/manchester-city-etihad-stadium-adug-7313788

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   24/6/2014

Subject: £31.4m Selkirk Flood Proection Scheme Starts

Description: First Major Flood Protection Scheme to be Approved under Act

Scotland’s Environment and Climate Change Minister Paul Wheelhouse has opened the £31.4 million Selkirk Flood Protection Scheme, which will remove 595 properties in the Bannerfield, Philiphaugh and Riverside areas of the town from the national flood risk register. It will do so by protecting against the effects of flooding from the Ettrick and Yarrow waters and the Long Philip and Shaw burns. The Selkirk Flood Protection Scheme is the first major flood protection scheme with an environmental statement to be approved under the Flood Risk Management (Scotland) Act 2009.Associated Link : http://news.scotland.gov.uk/News/Selkirk-Flood-Protection-Scheme-gets-underway-e22.aspx

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   23/6/2014

Subject: Scottish Government Unveils Planning Policy Revamp

Description: Long Term Economic Development and Environmental Protection

Scotland's Planning Minister Derek Mackay has today launched the Scottish Government’s policy for planning in Scotland. The National Planning Framework 3 (NPF3) and Scottish Planning Policy (SPP) will shape long term economic development and local planning policy in areas such as transport, town centres, energy and infrastructure, and balance economic growth with protection of our environment.Associated Link : http://news.scotland.gov.uk/News/Economic-growth-at-centre-of-planning-revamp-e0a.aspx

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   23/6/2014

Subject: Global Infrastructure Spending Doubling to $9tn Annually by 2025- Says PWc Report

Description: 60% Increase in UK

Global capital project and infrastructure spending will more than double to US$9 trillion (£5.3tn) annually by 2025, with a rise of 60% in the UK according to a new report from PwC..br>The Asia-Pacific market will represent nearly 60% of all global infrastructure spending over the next decade, driven mainly by China's growth, according to the report "Capital Project and Infrastructure Spending: Outlook to 2025".Associated Link : http://www.pwc.com/cpi-outlook2025

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   23/6/2014

Subject: Bilfinger Can Go Ahead with GVA Purchase

Description: 99& of Shareholders Accept Offer

Engineering and services group Bilfingerhas is to buy British real estate consultancy GVA after 99% of GVA's shareholders agreed to the purchase. The purchase price has not been disclosed.Associated Link : Aberdeen’s third Don crossing project has risen to around £18m as the construction market continues to heat-up.

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   23/6/2014

Subject: Increasing Costs Add Another £2.5m to Balfour Job

Description: Cost of Third Don Crossing Rises to £18m

What is being called a "boiling" market has caused the cost of Aberdeen’s third Don crossing project to rise .. to around £18m as the construction market continues to heat-up.Associated Link : http://www.constructionenquirer.com/2014/06/20/boiling-market-sees-balfour-bridge-costs-soar/

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   23/6/2014

Subject: Derby-based Bombardier Wins West Coast Main Line Contract

Description: Contract Worth £103m

Bombardier has won a £103m contract with Virgin to extend its maintenance work on the operator's West Coast Main Line fleet. This follows the Department of Transport's decision to extend Virgin's licence to operate the line.,Associated Link : http://www.insidermedia.com/insider/midlands/117419-bombardier-wins-103m-west-coast-virgin-contract?utm_source=eastmidlands_newsletter&utm_medium=top_story_article&utm_campaign=eastmidlands_news_tracker

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   23/6/2014

Subject: Northern Ireland Housing Framework Advertised

Description: Multidisciplinary Framework for Planned Maintenance and Improvement Schemes

The Northern Ireland Housing Executive (NIHE) has published a notice advertising a multidisciplinary framework for works to dwellings, offices. The services sought include: contract management, project management, contract documentation preparation and quantity surveying services.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:210094-2014:TEXT:EN:HTML&src=0

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   23/6/2014

Subject: Drake and Scull Unit Wins Two Major Middle East Contracts

Description: Combined Value $70.5 million

Dubai-based Drake & Scull International has announced that one of its subsidiaries has won two major contracts for the Saraya Aqaba Resort, a mixed-used, themed development around a man-made lagoon in Aqaba, Jordan.
The massive project includes luxury hotels, high-end retail outlets at Souk Saraya, specialty restaurants, a beach club, a kids club, Wild Wadi Aqaba Water Park by Jumeirah Group and asports complex.Associated Link : http://www.arabianbusiness.com/dubai-s-drake-says-unit-wins-70-5m-jordan-resort-deal-552363.html#.U6fZivldU-c7

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   20/6/2014

Subject: TestConsult Bought by Cumbrian Engineers

Description: Acquisition will Increase Overseas Projects

Listed Cumbrian engineering company James Fisher has snapped-up Warrington-based structural testing specialist Testconsult for £8m. Testconsult will extend and complement the range of services provided by James Fisher's Strainstall Monitoring business. Strainstall uses strain gauges and sensors to provide structural monitoring and dynamic load testing of bridges, other structures and offshore installations. Associated Link :

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   17/6/2014

Subject: NAO Report on PFI Waste Projects Published

Description: Lack of Clarity on Roles and Responsibilities

The National Audit Office has published a report on oversight of three local authority PFI waste contracts by the Department for Environment, Food and Rural Affairs. The three contracts were entered into by Surrey County Council, by Norfolk County Council and, jointly, by Herefordshire Council and Worcestershire County Council. All three projects have experienced significant delays stemming from a range of problems, including difficulties obtaining planning permission, complex commercial considerations, opposition from local groups and uncertainty over technology.Associated Link : http://www.nao.org.uk/report/oversight-of-three-pfi-waste-projects/

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   17/6/2014

Subject: Carillion Wins Phase II of Riyadh Hospital Contract

Description: State-of-the-Art Hospital

Carillion Saudi Arabia has signed a contract with the Aldara Medical Corporation to deliver Phase II of the Aldara Hospital and Medical Centre in Riyadh, Saudi Arabia, that is expected to have a construction value of approximately £70 million. This new facility will be a state of the art hospital and the largest outpatient centre in the Kingdom of Saudi Arabia and will provide some of the most advanced medical services in the world. It is strategically located in Riyadh close to the King Faisal Specialist Hospital and Research Centre and also Al Faisal UniversityAssociated Link :

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   17/6/2014

Subject: 800 Apartment Scheme for Liverpool's Albert Dock

Description: Former Rice Mill to be Converted

The former the Joseph Heap rice mill at the Alert Dock in Liverpool is to be replaced by five tower, between 10 and 25 storeys, and a total of 515 apartments. The car park is to be occupied by two towers of a similar height containing 284 apartments.
Two planning applications have been lodged by a company called One Park Lane, which is registered in the Seychelles, for seven residential towers overlooking the Albert Dock.Associated Link : http://www.thebusinessdesk.com/northwest/news/632021-massive-apartment-scheme-planned-for-liverpool.html?utm_source=newsletter&utm_medium=email&utm_campaign=NorthWest_17th_Jun_2014_-_Daily_E-mail

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   9/6/2014

Subject: What is an "Appropriate Deduction"

Description: Court Construes Clause 2.30

Clause 2.30 of the JCT Intermediate Form of Contract, 2005, provides that defects must be rectified during the Rectification Period” following practical completion or, if the employer consents and the contract administrator so instructs and such defects are not to be put right, an “appropriate deduction” is to be made. The present judgment concerned the interpretation of that clause. There has been no previous authority in what basis the valuation of the “appropriate deduction” was to be made.Associated Link : http://www.blissbooks.co.uk/images/What%20is%20an%20Appropriate%20Deduction.pdf

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   9/6/2014

Subject: Carillion Joint Venture appointed to Midlands Highway Alliance framework

Description: Carillion Wins Multi Million Pound Contract

Carillion, in joint venture with Lafarge Tarmac, has been selected as one of the contractors to deliver the Medium Schemes Framework 2, which has a total value of approximately £260 million over a three- year period and an estimated value to the joint venture of £100 million. The Alliance also has the option to extend the framework by a further year to June 2018.Associated Link :

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   5/6/2014

Subject: One Day Seminar: Getting Paid

Description: Holiday Inn, Haydock 11 June 2014

This one day seminar is designed to help attendees understand the payment rights and how to implement best practice. It will be of interest and benefit to all those working for Specialist Contractors, including Directors, Commercials Managers / Quantity Surveyors, Construction Managers, Finance Staff, contract focused Admin Staff and Operations Staff and other contract responsible personnel. The seminar will cover:  Reducing payment abuse, understanding your contractual rights, challenging set-off, suspension for non-payment, statutory demands and winding-up petitions, the entitlement to interest on late payment, variations, valuation of the works, breach of contract, damages and dispute resolution. And will give you access to: Successful commercial delivery of contracts; Good internal practice and ‘housekeeping’ in respect of payments; Commercial awareness of checks and balances and pro’s & con’s in general; The ability to maximise ‘survival’ rates & accessing and manage all relevant opportunities; Minimising risk of exposure to tactics and techniques. Learning Objectives To create a reliable and contemporary perspective on existing commercial practices within the industry
To understand the value of and improve the inter- departmental collaboration capability Management of the payment process to avoid ‘pitfalls’ and ‘traps’ within contractual frameworks
The development of consistent, proven principles for the improved sustainability of commercial excellence in all contract based relationships.
A Seminar You Simply Cannot Afford to Miss Associated Link : http://www.blissbooks.co.uk/images/Getting%20Paid%2011%20June%202014.pdf

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   4/6/2014

Subject: Major A1 Contract Awarded

Description: Multimillion Pound Road Plans Move Forward

The Highways Agency has awarded a £61m contract for development on the A1 in the North East, and plans include widening the Western Bypass to three lanes in both directions.
South of Newcastle, the preferred option for the development of the A19 has been announced. Plans include raising the A19 over the Testos roundabout via two bridges.Associated Link :

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   4/6/2014

Subject: Coventry to be a "Gigabit City"

Description: New Agreement Will Provide Fastest Communications

A strategic partnership agreement between CityFibre and Coventry City Council to build a new ‘Coventry CORE’ network mens that businesses will have access to next-generation broadband capable of gigabit speeds (1000 megabits per second), 100 times faster than the UK average and on a par with the world’s fastest cities such as Hong Kong and Stockholm.
Coventry City Council installed a fibre network spanning 140km six years ago to service more than 300 of its key sites across the city including council buildings, schools and community centres properties. These sites will continue to receive long-term right of service as part of the contract with CityFibre.Associated Link :

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   4/6/2014

Subject: Consultancy Framework Advertised

Description: Two-year £10m Framework

The Royal Borough of Kensington & Chelsea Tenant Management Organisation is advertising a multidisciplinary framework for delivery of a programme of Capital Investment works to its residential housing stock. This includes cost managers, quantity surveyors and project managers.Associated Link : https://ted.europa.eu/udl?uri=TED:NOTICE:180980-2014:TEXT:EN:HTML&src=0

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   4/6/2014

Subject: Plans to be Submitted for £52m Warrington Regeneration

Description: Muse to Submit Town Centre Plans in August

The plans drawn up for Warrington Borough Council will see a new market hall, civic centre, multiplex cinema and shops and restaurants. A new market will be built on the site of the former Boots Building on Bridge Street, preserving the Grade II listed brick façade.
A public consultation starts this month and subject to planning approval, construction is due to start before the end of the year with a phase programme over the course of five years creating up to 400 construction jobsAssociated Link :

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   2/6/2014

Subject: Lend Lease wins £151m Welsh Prison Deal

Description: Super Prison to be Built at Wrexham

A new 'super prisons' is being built in Wrexham by Lend Lease under a £151m government contract. Work has already started on the 110-acre site – which was previously the Firestone Tyre factory – and the prison will be fully operational by late 2017.Associated Link :

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   2/6/2014

Subject: BAM Wins Contract for £11m University tTchnical College

Description: Devon Win for Contractor

BAM Construction is to build an £11m university technical college (UTC) for Newton Abbot in Devon. BAM is to create South Devon UTC on a split level former garage site, and will then build a four- storey facility to be used by 600 pupils and 75 staff.
The UTC will specialise in water, engineering and the environment, with open-plan learning spaces and technical workshops. A full- height atrium is to be used as an entrance hall, while the outside will feature space for a multi- use games area as well as dining terraces. Associated Link :

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   2/6/2014

Subject: Drake & Scull wins two contracts in Jordan

Description: Projects are worth $70.5m

Arabtec, CCC and Drake & Scull Construction consortium has awarded Drake & Scull Engineering (DSE) two major contracts for the Jordanian mixed- use development, Saraya Aqaba Resort, for a combined $70.5mn (AED259mn).
Drake & Scull provide complete MEP services for four hotels and 12 villas. The scope of work also includes the complete design, supply and installation for a district cooling plant with a total capacity of 8,000 TR along with the seawater intake and pumping station for the entire resort.Associated Link :

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   29/5/2014

Subject: Last Change to Comment on CDM Consultation

Description: Consultation Closes on 6 June

There is still just time to submit your comments on the proposals to amend the Construction (Design and Management) RegulationsAssociated Link : links.govdelivery.com/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTQwNTI5LjMyNjA4NjQxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE0MDUyOS4zMjYwODY0MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE2OTU1NDAwJmVtYWlsaWQ9YW5uZ0BibGlzc2Jvb2tzLmNvLnVrJnVzZXJpZD1hbm5nQGJsaXNzYm9va3MuY28udWsmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&101&&&http://www.hse.gov.uk/consult/condocs/cd261.htm?ebul=gd-cons/may14&cr=1

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   28/5/2014

Subject: Department of Transport to Fund Two New Yorkshire Railway Stations

Description: Bradford and Leeds to Benefit from £9.5m Investment

Transport Secretary, Patrick McLoughlin, has announced today (28 May)that two new stations on the rail line between Bradford and Leeds will improve transport links and support a major regeneration scheme following government agreement to make almost £10 million available to fund the project.
The Department for Transport will fund up to £9.5 million of the £16 million Leeds Rail Growth scheme. One of the new stations will support the development of the Kirkstall Forge site, which will include around 1,000 new homes and extensive commercial buildings.Associated Link :

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   28/5/2014

Subject: American Construction Disputes Triple in Value

Description: Value of US Disputes $34.3m in 2013

Arcadis' fourth annual "Global Construction Disputes Report" says the average claimed value of construction disputes in the U.S. tripled over 2012, to an average of $34.3 million. However, the U.S. was still well below average construction dispute values globally, behind Asia and the Middle East. At the same time, construction disputes in the U.S. took 1.8 months longer to resolve than in 2012, averaging 13.7 months. The main causes of dispute were identified as errors and omissions in the contract documents.Associated Link : ww.arcadis.com/Content/ArcadisGlobal//tr/Global_Construction_Market_to_Reach_15_Trillion_by_2025_according_to_ARCADIS_Sponsored_Report_568711.pdf

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   28/5/2014

Subject: Carillion Scoops Middle East Contracts Worth £400m

Description: Includes Phase IV of the Madinat Jumeirah Resort Project

Carillion and its Joint Venture business, Al Futtaim Carillion, has been selected as the preferred bidder for, contracts in the United Arab Emirates and the Kingdom of Saudi Arabia that are worth in total £400 million.
In Dubai, Al Futtaim Carillion has signed contracts to build two major luxury hotels that together are worth approximately £300 million.Associated Link : www.carillionplc.com/news-media/news/2014/carillion-businesses-in-the-middle-east-awarded-contracts-worth-over-400-million.aspx#.U4WgXvldWSo

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   28/5/2014

Subject: MoD Seeks Project Managers

Description: Framework Advertised

The Ministry of Defence is advertising a framework contract for, amongst others, project managers and a Development Manager.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:177012-2014:TEXT:EN:HTML

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   27/5/2014

Subject: Sir Robert McAlpine Found not Guilty of Negligence or Nuisance

Description: Damage Caused by Concrete Pour not Foreseeable

The Court of Appeal has found that Sir Robert McAlpine was not negligent in failing to take proper measures to investigate the site and to identify the existence of a disused drain on the development site. The drain was blocked by a concrete pour. Associated Link : www.blissbooks.co.uk/images/Making%20Reasonable%20Enquiries.pdf

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   20/5/2014

Subject: Consultants Needed for Massive Transport Audit

Description: Bogota's Massive Transport System

Colombia's Institute is advertising for consultancy firm to carry out a comprehensive audit of some tranches of the Massive Transport System: street 10th civil works, street 26th and some specific transit stations. Transmilenio is Bogota’s massive transport system that connects the city and moves 2.2 million passengers per day. The Contract is worth $1.3m and will be for two years.Associated Link : https://www.contactus.ukti.gov.uk/export/sectors/masstransport/railways/businessopportunity/757900.html

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   19/5/2014

Subject: Use JCT Contracts More, Parliamentary Reception Told

Description: Invites Government to Make Better Use of JCT Contracts

The Chairman of the Joint Contracts Tribunal, Peter Hibberd has told delegates at the annual JCT Construction Industry Parliamentary Reception, held at the House of Commons last week that the Government should utilise JCT contracts more.Associated Link : www.jctltd.co.uk/news.aspx?NewsArticleId=47

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   19/5/2014

Subject: Mears Wins £40m Social Housing Contract

Description: Repairs and Maintenance Deal with Medway Council

Social housing contractor Mears has signed a new £40m repairs and maintenance deal for 3,000 council properties with Medway council, starting in August. Associated Link :

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   16/5/2014

Subject: Spend on HS2 Consultants £87m Over Budget

Description: No "Blank Cheque" for Project Says Government

Government figures show that spending on consultants during the early stages of the HS2 rail project is currently 86% over budget. A number of consultants are working on phase one, includingMott MacDonald, Parsons Brinkerhoff, Atkins, Arup, URS and Capita.Associated Link : www.building.co.uk/news/revealed-hs2-consultant-spend-runs-%C2%A387m-over-budget/5068509.article

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   16/5/2014

Subject: £1.5bn Regeneration Plans for Liverpool

Description: Leisure and Housing Projects Outlined

Plans for a series of regeneration projects worth £1.5bn in Liverpool have been announced. The projects include an Olympic standard ice rink, extreme sports complex, restaurants and family housing are proposed for the next phase of the Kings Dock regeneration. In the Lime Street and Mount Pleasant area there are to be a new television and music venue, hotel, cinema, restaurants, shops and accommodation for mature students. The plans will come before the City's cabinet today (16 May 2014).Associated Link :

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   15/5/2014

Subject: Simplifying Scottish Contract Law

Description: New Scottish Bill

The Legal Writings (Counterparts and Delivery) (Scotland) Bill will enable to get their documents legally signed and exchanged without meeting at the same place, as is often the case at present. It will also enable documents created on paper to be delivered electronically to make them binding. The Bill implements recommendations contained in the Scottish Law Commission Report Review of Contract Law, Report on Formation of Contract: Execution in Counterpart.Associated Link : news.scotland.gov.uk/News/Simplifying-Scots-Contract-Law-c8a.aspx

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   15/5/2014

Subject: You Are Entitled to Your Opinion

Description: Surveyor Acted as Advocate not Expert

A Scottish Court has ruled that a surveyor appointed to a rent review dispute did not act as an expert witness rather than an advocate in the rent review arbitration. In his submissions, the landlord’s surveyor had used the expression “in my opinion”, and other similar ones. The judge did not consider that this usage made him an expert, rather than an advocate. This had been a desk-top exercise, and neither party had relied on expert witnesses. Instead the surveyors had put forward their most persuasive arguments to try to achieve the best result for their respective clients. Almost inevitably there was some blurring of the lines between the role of advocate and expert witness, but the arbitrator had been made aware of this issue before making his award. This ground of challenge was not made out. It would only fall within rule 68 if it could be established that the arbitrator himself had acted irregularly due to the conduct of the landlord's surveyor.Associated Link :

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   15/5/2014

Subject: Science Museum Seeks QSs

Description: Quantity Surveyors Needed for Museum Masterplan

The Science Museum is looking to appoint a Quantity Surveyor and CDM Coordinator to create the groundbreaking suite of new, high end Medicine Galleries at the Science Museum.
The Medicine Galleries project is part of the Science Museum's Masterplan. The Quantity Surveyor and CDM Coordinator appointment on this project may be extended to cover some or all of the other Phase 1 Masterplan projects.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:163265-2014:TEXT:EN:HTML

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   14/5/2014

Subject: QSs Needed for Maintenance Projects

Description: Contract in Widnes Advertised

Halton Borough Council wants to commission a Consultant from an RICS or RIBA regulated Consultancy Practice to carry out complete design services for Capital works and Planned Repairs and Maintenance projects across the Council's portfolio of properties utilising the skills of Architects, Building Surveyors, Quantity Surveyors, Structural, Mechanical and Electrical Engineers, and other associated professional services to allow schemes to be delivered from inception to completion. The consultancy will be required to provide a full range of services for the Council for a period of three years with the option to extend this for up to two further periods of 12 months each to be awarded at the discretion of the Council.Associated Link : https://ted.europa.eu/udl?uri=TED:NOTICE:157599-2014:TEXT:EN:HTML&src=0

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   14/5/2014

Subject: QSs Sought for Campus Masterplan

Description: Project management and Quantity Surveying "Advice"

Oaklands College in St. Albans is advertising for QSs for project management and QS advice in connection with the development of a campus masterplan. The contract will run for six years. Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:159895-2014:TEXT:EN:HTML&src=0

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   14/5/2014

Subject: Homes and Communities Agency Publishes Prospectus for Builders Finance Fund

Description: Open Competition for Funds

The prospectus for the Builders Finance Fund has been published outlining a fund for £525m of capital finance to support the delivery of housing sites. The fund is intended to address difficulties in accessing development finance faced by some housebuilders and to help accelerate and unlock housing developments between 15 and 250 units that have slowed down or stalled completely. The fund intends to focus on unlocking deliverable projects which can start or re-start soon and achieve good value for money for the tax payer. Bidding will be open to all private organisations which control the relevant site and will carry out the development.Associated Link : https://www.homesandcommunities.co.uk/ourwork/builders-finance-fund?utm_source=newsletter&utm_medium=email&utm_campaign=BFF

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   14/5/2014

Subject: New Technology and Construction Court Guide Available

Description: Third Revised edition

The Ministry of Justice had made the third revised edition of the TCC Guide available. The Guide is intended to provide straightforward, practical guidance on the conduct of litigation in the TCC.Associated Link : https://www.justice.gov.uk/downloads/courts/tech-court/tec-con-court-guide.pdf

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   14/5/2014

Subject: Proposals to Replace the CDM Regulations

Description: New Design Professional Could have Co-Ordinator Role

The Health and Safety Executive is seeking views on its proposals to replace the Construction (Design and Management) Regulations 2007 (CDM 2007) and withdraw the Approved Code of Practice. The changes could see the role of CDM co-ordinator being transferred to a new design professional, which could be an architect or engineer.Associated Link : https://www.linkedin.com/redirect?url=http%3A%2F%2Fwww%2Ehse%2Egov%2Euk%2Fconsult%2Fcondocs%2Fcd261%2Ehtm&urlhash=fIr-&_t=tracking_anet

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   14/5/2014

Subject: Revised MF/1 Published

Description: Revision 6 now publiched

MF/1 has been revised for the first time since 2010. Containing clear, simple language designed specifically for engineering projects, Revision 6 contains general conditions that have been adapted over many years to provide assurance for both parties involved with a contract. A trusted document for over 100 years, MF/1 is the perfect document for use in specific projects, especially those involving complicated wiring elements. Wording in Revision 6 has also been updated to ensure that the contract can be internationally applicable.Associated Link : www.blissbooks.co.uk/p210101/MF/1-Model-Form-of-General-Conditions-of-Contract-(Rev-6)/product_info.html

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   14/5/2014

Subject: Failure to Nominate Arbitrator Amounts to Waiver of Right to Arbitrate

Description: New York Convention Award Enforced

A party's silence when asked to nominate an arbitrator amounted to a waiver of its right to arbitrate. The arbitration had continued without the party's participation and an award was made. The award was enforced by the Court.Associated Link : www.blissbooks.co.uk/images/Waiver%20of%20Right%20to%20Arbitration.pdf

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   30/4/2014

Subject: Contractor Lawfully Terminated

Description: Unforeseen Ground Conditions at Contractor's Risk

The Court found that competent tendering contractors should reasonably have foreseen that there was a very real risk and prospect of significantly contaminated groundwater being encountered during excavations which when encountered would need to be addressed by appropriate dewatering and discharge arrangements.
The contractor was not entitled to an extension of time for the period in which contaminated materials had been discovered as they were within what experienced contractors could reasonably have foreseen or expected at tender stage, and, therefore, at the contractor's risk. Associated Link : www.blissbooks.co.uk/images/Unforeseen%20Ground%20Conditions%20and%20Termination%20of%20Contract.pdf

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   24/4/2014

Subject: Zero Retentions

Description: Construction Supply Chain Management Charter

A Construction Supply Chain Management Charter, which is intended to ensure that the supply chain is paid in 30 days and to do away with retentions has been published. The Construction Leadership Council has reached an agreement with major contractors, the government and clients that, from 2018, all suppliers will be paid within 30 days. This voluntary charter also includes a commitment to work towards abolishing retentions by 2025.Associated Link : www.nscc.org.uk/documents/Industrial-Strategy-Payment-Charter-April-2014.pdf

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   9/4/2014

Subject: QS as a Value Engineer

Description: QS as a Value Engineer

A student member of the QSi is currently studying a course entitled Special Studies in Construction Management, and has chosen to write a paper about value engineering roles of QSs. He is carrying out a short survey and would be grateful if members of the QSi could take a few minutes to help him in his research. We hope to bring you the results in a future issue of the QS Eye. The survey can be accessed at the following link: https://ufl.qualtrics.com/SE/?SID=SV_6FfkV5dJ5BomILPAssociated Link : https://ufl.qualtrics.com/SE/?SID=SV_6FfkV5dJ5BomILP

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   31/3/2014

Subject: Dropped In it

Description: E-mail with Dropbox Attachments not Valid Service

An Australian Court has ruled that an-email did not amount to the service of an adjudication application because the use of Dropbox did not constitute an electronic communication. . It could not be said that the documents in the Dropbox file were “left” at or “sent” to the applicant's office, at least until it went to the Dropbox site and opened the file, and probably not until its contents had been downloaded to a computer at the applicant's relevant office. Associated Link : www.blissbooks.co.uk/images/Dropped%20in%20it.pdf

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   26/3/2014

Subject: Assistance with Student Survey

Description: Assistance with Student Survey

A student member of the QSi is conducting a survey in fulfilment of requirements of his course - MSc in QS at Heriot Watt University. The survey is to understand current work practices of quantity surveyors and their perception about BIM. Could you please spare a few minutes to complete his survey at https://www.surveymonkey.com/s/BIMQSemail
Please also help him to reach to a maximum number of QSs around the world by forwarding it to all quantity surveyors in your connection.
Response to the questions would be anonymous, confidential, and used solely for the purpose of this study and not passed to any third parties.
If you have any queries or would like further information please get in contact with Musthafa Valappil, Dubai, UAE tel: 055 1045384 Associated Link : https://www.surveymonkey.com/s/BIMQSemail

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   20/3/2014

Subject: Student Research

Description: Student Research

I am a student members of the QSi conducting a survey in fulfilment of requirements of my course MSc in QS at Heriot Watt University. This survey is to understand current work practices of quantity surveyors and their perception about BIM. Could you please complete this survey at https://www.surveymonkey.com/s/BIMQSemail
Please also help me to reach to maximum number of QSs around the world by forwarding it to all quantity surveyors in your connection.
Response to this questions would be anonymous, confidential, and used solely for the purpose of this study and not passed to any third parties.
If you have any queries or would like further information please get in contact with me.
Thank you very much for participating in the survey. I really appreciate your time and support.
Regards,
Musthafa Valappil
Dubai, UAE
055 1045384 Associated Link :

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   20/3/2014

Subject: FREE BRIEFING SESSION ON COMMERCIAL MEDIATION

Description: FREE BRIEFING SESSION ON COMMERCIAL MEDIATION

QSi members may be interested in attending a free, 2 hour briefing session being run by Gracia Consult in Merthyr Tydfil on the 25th March 2014. The Briefing starts at 9.30 and runs to 11.30.

Commercial Mediation is increasing popular as a dispute resolution procedure. Low cost, privacy, flexibility and preservation of working relationships are all key features. The main advantages of Commercial Mediation will be highlighted on the day as well as an introduction to the process and how it works in practice.

The Briefing Session will cover:
• What is “Commercial Mediation”?
• Why is it Different from Other Forms of ADR?
• How Does a Typical Mediation Operate?
• What Outcomes can our Organisation Expect?
• How do I find a Mediator?

Please respond to info@graciaconsult.com providing name, job title and email address. We must receive your booking by 18th March. Maximum of 2 delegates from any one organisation. Associated Link : www.graciaconsult.com

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   19/3/2014

Subject: Attempt to Assign Warranties Did Not Create Trust

Description: Warranties Prohibited Assignment

Birse was the design and build contractor for the construction of a warehouse in Rugby. The third parties were Stuarts, which were Birse’s specialist industrial flooring subcontractors, and Jubb, the consultant engineer. Geofirma provided specialist geotechnical design and engineering services. The claimant, the Co-Op. was the long leaseholder of the warehouse. The Co-Op alleged that there were defects in the floor. The Co-Op had commenced proceedings on 14 September 2010, about 12 years after practical completion, and limitation was one of the issues between the parties.
Birse, Stuarts and Jubb had all given warranties to the original leaseholder, CRS. These provided that they could be assigned twice without the consent of the warrantor but after that they could only be assigned with consent, which was not to be unreasonably refused. There had been three agreements to assign the warranties, but consent had not been obtained for the third assignment, which was intended to assign them to Co-op.
The subcontractors’ warranties contained the following prohibition on assignment clause:
“The benefit of this agreement may be assigned on two occasions only without the consent of the Consultant. The benefit of this agreement may not be assigned further without the prior written consent of the Consultant, which consent shall not be unreasonably withheld or delayed.”
The benefit of the subcontractors’ warranties was first assigned on 2 April 2000 on the statutory transfer of assets and engagements from CRS to Co-op. The second assignment occurred on 21 March 2001 when Co-op assigned the benefit of the warranties to Woolworths. When Woolworths went into administration on 27 November 2008, the administrators wanted to assign the benefit of the warranties back to the Co-op. On 23 June 2010, they were included in a schedule of warranties attached to a deed made between Woolworths, acting by its administrators, and the Co-op, which was intended to effect that assignment. Whilst the makers of the deed clearly appreciated that consent was needed for the assignment of the Birse warranty, because provision was made for the necessary consent to be obtained, they did not appreciate the need for consent for the assignment of the Stuarts and Jubb warranties because otherwise they would evidently have made similar provision as in the Birse warranty.
It was now well established that an assignment that fails because of a prohibition, or lack of necessary consent, may be effective as between the assignor and assignee. It was also well established that a failed assignment of the benefit of a warranty may have effect as a declaration of trust by the assignor in favour of the assignee. If that happens, the trustee may enforce the warranty on behalf of the beneficiary; furthermore, the beneficiary may require the trustee to enforce the warranty for the benefit of the beneficiary and, if the trustee refuses to do so, the beneficiary may sue in his own name provided he joins the trustee as a defendant. On the assumption that a prohibition of an assignment without consent would not also prohibit a declaration of trust of the benefit of the warranties, the decisive issue would then be whether the party asserting the existence of the trust had demonstrated that the Court should recognise it.
The Court accepted that it should distinguish between two different situations. The first was where the Court infers from the words of the contract being construed an intention by the parties to the contract to create a trust, in the context of the admissible factual matrix. The second was where the court imposes a trust in order to prevent an unconscionable result, typically by the imposition of a constructive trust.
Whether or not there was an intention to create a trust by a failed assignment would depend upon the construction of the contract, adopting normal principles. While the commercial purpose of the contract may be part of the relevant matrix, that purpose was most often to be found in the terms of the contract concluded by the parties, particularly when the words of the contract were clear and unambiguous.

The words of the failed assignment were clear. The assignor intended to assign all of the legal or beneficial, rights, title, or interest, as it had in the warranties to the assignee. There was no language which suggested trusts. There was no prior covenant to settle, no express declaration of trust, and no statement of intention to hold the benefit of the warranty for the benefit of the intended assignee. The deed was a formal document executed by commercial parties and, as such, should normally be given its ordinary meaning. If the assignment had not failed, it would never have been suggested that the deed was meant to be a declaration of trust. The parties’ express intention was to assign, not to hold on trust. The meaning of the deed did not change simply because the parties failed to obtain a consent that was necessary to render the assignment effective. Nor is this a case where assignment was a legal impossibility: it only failed because of the lack of consent.
The attempt to assign the benefit of Jubb’s warranty did not give rise to a trust of the benefit of the warranty in the Co-Op’s favour.
This item has been extracted from the Weekly International Construction Law Newsletter.
Associated Link :

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   19/3/2014

Subject: Court Grants Injunction Restraining Use of Subcontractor's Drawings

Description: Damages Insufficient Remedy

Drake & Scull entered into a contract with Saudi Arabian Oil Company (“Saudi Aramco”) for the engineering, procurement and construction of the King Abdullah Petroleum Studies and Research Centre being built in Riyadh. Seele entered into a subcontract with Drake & Scull for the delivery and installation of glass fibre reinforced concrete panels. Initially, there was a purchase order agreement dated 18 June 2010, but this was later novated to Drake & Scull.

Drake & Scull alleged that Seele was falling behind with the work, and was in breach of contract. Drake & Scull gave notice under clause 33, requiring Seele to provide a fully detailed schedule, as required under Clause 9, within 14 days showing how Seele would remedy the “substantial and material breach of contract. The parties; relationship deteriorated further, and Seele’s staff were forcibly prevented by Saudi Aramco’s security personnel from leaving the site. Seele raised concerns about the safety of its staff, but Drake & Scull responded that Saudi Aramco had the right to inspect passes and carry out searches of vehicles and this did not give rise to any claim that Seele’s workers had been held hostage. Drake & Scull took this as an excuse for not returning to the works, and said that if that Seele did not return forthwith and recommence “in earnest”, it would take it that Seele was abandoning the project. Drake & Scull told Seele that its office and storage facilities had been secured as protective measures until further notice.

Seele issued the Arbitration Claim Form in the present proceedings seeking an interim injunction under section 44 of the Arbitration Act 1996 that Drake & Scull should deliver up to Seele documents in six categories. The Court ordered that Drake & Scull should permit Seele to enter the site and take possession of these documents. Seele did return to site, but complained about Drake & Scull’s involvement.

Drake & Scull terminated Seele’s subcontract, and Seele accepted its repudiatory conduct in bringing the subcontract to an end. Seele filed a Request for Arbitration with the ICC International Court of Arbitration.

There remained an issue as to whether Drake & Scull should be restrained from making use of any of the documents in Seele’s site office, including making any copies of those documents, or removing or disposing of any of them. Drake & Scull were concerned about Seele’s “internal proprietary installation plan, including its bespoke installation 3D model, which were the materials referred to in paragraph (iv) of the judge’s order of 11 December 2013. Drake & Scull argued that the documents in this category were needed to complete the installation of the façade of the project. Drake & Scull pointed to clause 29 of the subcontract, which provided that Saudi Aramco had the right to use the designs created for the project if they were paid for.

Drake & Scull said that it was entitled to use all of the design information on termination and not simply on completion when it would be of no further use. In accordance with the principles in American Cyanamid v Ethicon [1975] AC 396, if Seele succeeded at trial, they would be adequately compensated by damages for any loss caused by the refusal to grant the interlocutory injunction because Seele would be fully compensated by the sums payable under the Sub-contract for such documents. Damages would not, however, be adequate compensation for Drake & Scull because the resulting delay and cost would be substantial, and Drake & Scull had serious concerns about Seele’s ability to satisfy any undertaking in damages because it was a Dubai Free Zone company.

The judge recognised the urgency in this case; it involved documents which Seele said were its property and contained confidential information which Drake & Scull wanted to pass to a replacement subcontractor. Although there was an arbitration in progress under the ICC Rules, it was not subject to the recent change which introduced the concept of an emergency arbitrator to deal with such application; further the arbitral tribunal was not yet in a position to act effectively. In this situation, the jurisdictional grounds for making an injunction under the Arbitration Act 1996 were made out, subject to the Court in its discretion making an interim injunction.

Seele had a strongly arguable case that the relevant documents did not fall within the provisions of Clause 29. Its production and installation plans were not design and engineering information; they were drawings for the internal use of Seele in producing and installing the façade for the project. The Court did not consider it arguable that payment at a future date under the provisions of Clause 32 would mean that payment had now been effected for the preliminary item but in any event it was strongly arguable that these drawings do not come within the description of documents in Clause 29.

The documents were likely to contain a large amount of commercially sensitive information in a very competitive industry. If it were ultimately found that Drake & Scull were not entitled to them but had used them and supplied them to Seele’s competitors, damages would not be an adequate remedy. The balance of convenience favoured preservation of Seele’s intellectual property rights compared to the potential need for a replacement subcontractor to carry out its own design.


This item has been extracted from the Weekly International Construction Law Newsletter.
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   4/3/2014

Subject: 10% Discount on NEC & Contractual Nightmares Courses

Description: 10% Discount on NEC & Contractual Nightmares Courses

Stradia Ltd is pleased to offer all members of the QSi a 10% discount on their course fees. Currently they are running training days on the NEC and Contractual Nightmares and their Resolutions. The courses are being held throughout March, April and May at venues in Manchester and London.

For full details of the courses visit www.stradia.com/services/events or email admin@theqsi.comAssociated Link : http://www.stradia.com/services/events

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   24/2/2014

Subject: Seminar and Workshop: Practical Guide to NEC 3

Description: Booking Now

The seminar is a re-run of the sell-out from October 2013 with Nigel Barr as speaker. The full day seminar will take place at Haydock Park race course on 18 March 2014.Associated Link : blissbooks.co.uk/images/NEC%20Flyer%20March%202014(1).pdf

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   24/2/2014

Subject: Misrepresentation/ Misstatement Claims Cannot be Adjudicated

Description: Claim under 1967 Act not Under the Contract

Under article 7 of the JCT Design and Build contract, a dispute may be referred to adjudication if it “arises under the Contract”. The judge contrasted this with article 8, which is the arbitration clause, which contains the phrase: “any dispute or difference …. of any kind whatsoever arising out of or in connection with this contract”. From this, it seemed to the judge that the draftsmen must be taken to have intended that the disputes capable of being referred to arbitration were wider than those capable of being referred to adjudication, where the words of article 7 simply followed the wording of section 108 of the Housing Grants, Construction and Regeneration Act 1996, which conferred the right to refer disputes to adjudication.
On the proper construction of the contract, a claim under the Misrepresentation Act 1967 was not a claim arising “under this contract”, but a claim arising under the Act. Therefore, the adjudicator had no jurisdiction to hear the claim Associated Link : www.blissbooks.co.uk/images/Negligent%20Misstatement%20claim%20cannot%20be%20adjudicated.pdf

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   10/2/2014

Subject: Project Management Opportunity in the US

Description: Construction MManagement and Project Management Services

The Local Bay Transportation Authority is advertising for professional services for the a Rail Project, Program Management, Preliminary Design and Construction Management (CM/PM) Services Project.
Preliminary Design and Construction Management (CM/PM) Services Project. Services will include, but not be limited to, design development up to 30% design including but not limited to data collection, surveying, geotechnical investigation, stakeholder coordination, environmental permitting, right of way taking plan preparation, commuter rail station design, layover facility design, architectural plan development, structural design, site civil design, grade crossing design, traffic signal design, track design, commuter rail operation simulation, bridge design, and construction phasing plan development. Associated Link :

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   10/2/2014

Subject: Portugal Plans €5 billion investment in Infrastructure

Description: Focus on Transport Network

The Portuguese government is planning a €5 billion investment in the country's infrastructure, using a combination of EU grants and public and private investment. The split will be €2.8 billion for railways, and €1.5 billion for ports. The remaining money will be put to roads and projects at airports. Associated Link :

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   5/2/2014

Subject: Scottish Prison Service Advertises Framework

Description: Three Year Deal

The Scottish prison Service is looking to set up a 3-year year collaborative framework agreement with three Framework Suppliers to provide a Design and Technical Service, to support the delivery of a wide range of building projects. The scope of the Framework Agreement is to provide a wide range, type and complexity of construction projects. The Framework Suppliers for Design and Technical Services shall provide a fully managed multi-disciplinary approach for the development of construction projects including new build or refurbishment, specialist systems (e.g. CCTV installations, fire detection upgrading, etc.) and major maintenance services (including such as mechanical plant replacement). The Framework Suppliers shall also provide a specialist advisory service covering a wide range of professional and engineering disciplines and other development and property / facility related issues.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:39625-2014:TEXT:EN:HTML

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   27/1/2014

Subject: Kick Off for QSs

Description: QS Services Required by Football Foundation

Football Foundation, Rugby Football Union, English Sports Council and England Hockey is looking to establish a term contract with a Managing Quantity Surveyor (MQS) to support the delivery of a range of sports related projects. To help inform best practice in the market place, it is undertaking this Soft Market Test to gather information from potential suppliers. The feedback obtained will be used to help develop an appropriate procurement strategy which will ultimately determine the nature and scope of the project, upon which the procurement will be based.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:27816-2014:TEXT:EN:HTML

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   21/1/2014

Subject: Cardiff University Plans Development Strategy

Description: 10-year Development Plan

Cardiff University is about to embark on the development and preparation of a Strategic Master plan to help the University strengthen its position as a world-class, research-intensive higher education organisation. The University is looking to appoint a development team to deliver the programme.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:18990-2014:TEXT:EN:HTML

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   21/1/2014

Subject: Consultants Should have Warned of Cost of Project

Description: Court Considers Standard of Care of a Multi Disciplinary Practice

The Court had to judge PFP not only on the standards of a reasonably competent architect but also, as a multidisciplinary partnership professing expertise in structural engineering matters, on the standards of a reasonably competent structural engineer. Associated Link : www.blissbooks.co.uk/images/Consultants%20should%20have%20warned%20of%20the%20cost%20of%20the%20project.pdf

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   21/12/2013

Subject: QSi Conference 19th March 2013 - Telford

Description: QSi Conference 19th March 2013 - Telford

This year the Conference is free admission with invitation.
For tickets contact admin@theqsi.co.uk
If you are interested act nowAssociated Link :

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   21/12/2013

Subject: QSi Conference 19th March 2013 - Telford

Description: QSi Conference 19th March 2013 - Telford

This year the Conference is free admission with invitation.
For tickets contact admin@theqsi.co.uk
If you are interested act nowAssociated Link :

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   18/12/2013

Subject: Green light for £450m Able energy park

Description: Park will Establish Area as Centre for Renewable Energy

The Able energy park on the Humber Estuary has been approved. The scheme, which covers 906 acres on the South Bank of the Humber, is set to be a base for the manufacture, assembly and deployment of offshore wind technology, providing 1,279 metres of quayside facilities.Associated Link : http://www.insidermedia.com/insider/yorkshire/105142-green-light-450m-able-energy-park?utm_source=breaking_news_newsletter&utm_medium=top_story_article&utm_campaign=breaking_news_tracker

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   16/12/2013

Subject: Government Consultation on Prompt Payment

Description: Public Sector 30-Day Payment Limit

The government has published a consultation on plans to improve payment practices so that companies working on government contracts would have to pay their subcontractors within 30 days.Associated Link :

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   16/12/2013

Subject: Boom in House Builder's Salaries

Description: Bosses' Bonuses Increase by 78%

After a long slump, the boom in house building and the need to retain skills is driving salaries up.Associated Link :

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   16/12/2013

Subject: The Industry Disease

Description: Early Payment Facility

Rudi Klein has criticised the use of early payment schemes, or supply chain finance, which is being used by some contractors. He says that depending upon the supply chain to finance these schemes kills growth.Associated Link :

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   16/12/2013

Subject: Court Stays Adjudicator's Award

Description: Principles for Enforcement Reviewed

A&L applied for summary judgment to enforce an adjudication award. Coveside resisted enforcement because of on-going winding-up proceedings against A&L. Coveside had not been a significant cause of A&L’s financial position, let alone the sole cause. The other creditors’ debts had arisen before Coveside’s failure to pay the last certificate, and it could not be said that A&L’s debts had been caused by Coveside’s failure to pay. There was no way in which the £110,000 odd owing on other projects, to other subcontractors, could be anything to do with Coveside. It was only because A&L’s parent company was not seeking the full return of the dividends owed that A&L continued to exist. Coveside had neither caused, nor significantly contributed to the fact that A&L were not in a position to repay the judgment sum if the judgement were not stayed. A stay was granted.Associated Link :

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   16/12/2013

Subject: Surveyors Did not Assume Duty of Care

Description: Relationship with Claimant was "Adversarial"

Surveyors, Cluttons, were asked to investigate concerns by a tenant that a shop sign was unsafe. Subsequently, two passers-by were injured when the shop sign fell off. The tenant claimed a contribution from the surveyors towards the damages it had had to pay to those injured. The Court found that the surveyors owed the tenant no duty of care. Associated Link : www.blissbooks.co.uk/images/No%20assumption%20of%20duty%20of%20care%20by%20surveyors.pdf

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   4/12/2013

Subject: Contracts in Writing Again

Description: Court reviews section 107(5)

Because it was the usual practice for lawyers to refer to “an agreement in writing” when referring to a written contract, the absence of either any date of the alleged agreement, or any reference to writing, suggested that what was being alleged was an agreement otherwise than in writing. In these circumstances, section 107(5) was engaged so that the parties should be taken to have agreed that there was a contract in writing between them. Therefore, the Referral fell within the provisions of the Act and the adjudicator had the jurisdiction to deal with their dispute. Associated Link : www.blissbooks.co.uk/images/Contracts%20in%20Writing%20again.pdf

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   4/12/2013

Subject: QSs Wanted for Museum Project

Description: National Galleries of Scotland Publish Contract Notice

The National Galleries of Scotland intend to redevelop the Scottish Galleries at the Scottish National Gallery at the Mound is advertising for a Quantity Surveyor for a £9m project, which involves the reconfiguration of the existing 1978 basement extension to improve and enlarge the presentation of the Scottish Collection. The project will also include improvements to access between the Mound precinct and the Weston Link entrance in Princes Street Gardens.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:408390-2013:TEXT:EN:HTML

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   6/11/2013

Subject: Join Us for a Mock Adjudication with Tony Bingham

Description: Plus Christmas Buffet and Networking Event

Join us for some fun, food and chat on 4 December at Haydock Park. This is a half day event starting at 12pm.Associated Link : www.blissbooks.co.uk/images/Mock%20Adjudication%20Flyer.pdf

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   28/10/2013

Subject: Second Cross Manchester Tram Approved

Description: Contractor will now be Appointed

Manchester's Transport Chiefs have agreed that work can begin on the City's £165m cross-city tram link. This latest stage in plans for a 'second city crossing' will see trams pass from Deansgate-Castlefield to Corporation Street, via St. Peter’s Square, Princess Street and Cross Street. Associated Link : www.manchestereveningnews.co.uk/news/greater-manchester-news/second-cross-city-metrolink-tram-link-6247586?ptnr_rid=77547&cid=eml_MENBusiness_BusinessTitle

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   21/10/2013

Subject: Hospital Board Seeks QSs

Description: Capital Services Framework

The Dumfries and Galloway NHS Board is advertising a contract for varied quantity surveying services for its Capital Services Framework. The contract to be used is NEC 3.
The Minor Capital Investment plan for 2014 - 16 and beyond projects investment in all trades refurbishment, minor new build, electrical and mechanical upgrades, heating systems and external works to NHS Dumfries and Galloway's hospitals, clinics and health centres throughout the region together with a substantial amount of additional administration buildings. The anticipated annual value of work is approximate value of the works is 2.5m of which 2.0m will directed at alterations and refurbishment and a further 0.5m directed at existing electrical and mechanical installations.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:351801-2013:TEXT:EN:HTML

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   17/10/2013

Subject: Leeds Developments Get Council Approval

Description: Business District Developments Can Now Move Forward

Two major developments in Leeds' business district will now go forward after receiving council support. Approval for two further buildings within the Wellington Place complex, which already have outline approval, should be secured once an agreement on increased infrastructure contributions is approved. The proposals by Town Centre Securities for a mixed-use development that forms part of the Whitehall Riverside masterplan have also been recommended for approval Associated Link : www.insidermedia.com/insider/yorkshire/100777-?utm_source=yorkshire_newsletter&utm_medium=top_story_article&utm_campaign=yorkshire_news_tracker

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   16/10/2013

Subject: Housing Group Seeks QSs

Description: South East Framework

The A2Dominion Housing Group is advertising a framework for Quantity Surveying/Cost Consultancy Services in the London Boroughs and Oxfordshire, Hampshire, Berkshire, Surrey, Kent, East and West Sussex, Buckinghamshire, Hertfordshire and Wiltshire. Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:348299-2013:TEXT:EN:HTML

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   8/10/2013

Subject: Date of the Referral Notice

Description: Was the Adjudicator too Late?

KNN applied to enforce an adjudicator’s decision made by Mr. Matthew Bastone. This was the third adjudication between the parties. The adjudicator on the two previous occasions had been Mr. Philip Eyre. Mr. Bastone issued his decision on 1 March 2013. GD City argued that time ran from 21 January 2013, so that the adjudication decision had to be made on 28 February, and that Mr. Bastone had been out of time. KNN’s contrary contention was that time ran from 1 February 2013 so that the decision had been issued in time. KNN said that the time for issuing the decision had been effectively changed to 1 March 2013.Associated Link : www.blissbooks.co.uk/images/Date%20of%20Referral%20Notice.pdf

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   30/9/2013

Subject: Dublin Plans Extension to Light Rail

Description: Contractor Sought for Project

Luas Cross City will represent the next addition to Dublin’s Luas light railway system. Running from the Luas Green Line terminus at St Stephen’s Green through the city centre, Phibsborough and Cabra to Broombridge, the new line will link Luas Red and Green Lines and will also serve the planned new Dublin Institute of Technology (DIT) Campus facility at Grangegorman. The proposed line is 5.6 km in length and will have 13 stops. It will provide interchange with suburban railway services at Broombridge and with city bus services at numerous locations throughout the city centre.Associated Link :

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   24/9/2013

Subject: University Framework Advertised

Description: Integrated Services Provider Sought

The University of York is looking for companies who can provide an integrated service consisting of quantity surveying, cost management and employers agent services to the University of York. The services will be required to support the Estates Development capital programme which consists of multiple capital works projects with an annual budget of typically £15 to £25m. The projects range from a few hundred pounds to £5m plus.
The successful service provider will be expected to provide a single source contract to the University maintaining a consistent delivery team capable of delivering the three service elements above. The successful service provider will be expected to provide a dedicated framework manager who will act as a single point of contact between the University Estates Development team and the provider. The successful providers team will be expected to work collaboratively with the Estates Development team and provide added value.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:319458-2013:TEXT:EN:HTML

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   24/9/2013

Subject: QSs Sought for College Build

Description: Scheme Value over £5m

Newham Sixth Form College is advertising a contract for QS and CDM services for Phase 1 of its campus development. Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:319619-2013:TEXT:EN:HTML

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   20/9/2013

Subject: Leeds Submits Trolleybus Plans to Government

Description: One of the UK's Largest Infrastructure Investments Outside London

Plans for developing Leeds' £250m New Generation Transport trolleybus scheme have taken a step forward with the submission of an application for a Transport and Works Act Order.Associated Link : www.insidermedia.com/insider/yorkshire/98885-?utm_source=yorkshire_newsletter&utm_medium=top_story_article&utm_campaign=yorkshire_news_tracker

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   18/9/2013

Subject: Parsons Brinckerhoff Wins Saudi Rail Job

Description: Landbridge Project will Connect Jeddah and Riyadh

Parsons Brinckerhoff and the Fluor Corporation, have won a contract to provide project management consulting services for the design and construction of a new rail line between the Red Sea and Persian Gulf in Saudi Arabia.
The Saudi Landbridge project is a 950-kilometre (590-mile) double-track railway connecting Jeddah on the Red Sea—the busiest port in Saudi Arabia and a major gateway for cargo from Europe and North America—with the city of Riyadh. The new railway will connect with the existing 450-kilometre (280-mile) line between Riyadh and King Abdul Aziz Port at Dammam—another major commercial port in Saudi Arabia—on the Gulf coast. The project also includes a new 115-kilometre (71-mile) extension between Dammam and Jubail. The Saudi Landbridge project is being developed as a state-funded project by the Saudi Public Investment Fund.Associated Link :

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   16/9/2013

Subject: Negligent Misstatement and Failure to Advise

Description: Designer and Supplier Liable

The designer of a conveyor system at a bakery and the supplier of the belts were found liable to the owner of the bakery when it was destroyed by fire.Associated Link : www.blissbooks.co.uk/images/Negligent%20Misstament%20and%20the%20Failure%20to%20Advise.pdf

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   16/9/2013

Subject: Seminar: A Practical Guide to the New Engineering Contract (NEC 3)

Description: Haydock Park 15 October 2013

Simply Seminars will be presenting "A Practical Guide to the NEC 3 Contract" with speaker Nigel Barr at Haydock Park Racecourse. Please click on the link for booking information.Associated Link : www.blissbooks.co.uk/images/NEC%20Flyer%2015%20October.pdf

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   14/9/2013

Subject: Networking event.- QSi Members welcome

Description: Networking event. QSi Members welcome

19 Sep 2013
Every 3rd Thursday, 6:00pm - 8:30pm
The Restaurant Bar & Grill
Halifax House
Brunswick Street
L2 0UU Liverpool
United Kingdom
For details email
andrew@andrewrwilliams.co.uk Associated Link :

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   13/9/2013

Subject: Help Needed for Student Dissertation-Construction Communications

Description: Help Needed for Student Dissertation-Construction Communications

A student member of the QSi needs assistance with his dissertation and would like to speak to anyone with specialist knowledge of construction communications. If you feel you may be able to help, please contact Michael Guarriello at guarriem@lsbu.ac.uk.Associated Link :

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   12/9/2013

Subject: QSi Annual Conference - Free Member Places

Description: QSi Annual Conference - Free Member Places

This year's QSi Annual Conference takes place in Telford on 20 November. There will be keynote speech on the new government procurement rules, with further sessions on modular built housing in a day; BIM for the QS; Retro fitting houses for sustainability; How the regional economies are performing; Carbon Footprint cost management and others to be confirmed. There will also be several breakout groups during the day to look at industry specific requirements.

There will be something for everyone. Thanks to our sponsors there are free tickets available to all members (subject to availability) guest tickets can be purchased at a cost of £20 per ticket.

To book your place please email admin@theqsi.co.uk Associated Link :

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   12/9/2013

Subject: Calling all VE Professionals

Description: Calling all VE Professionals

A student member of the QSi is undertaking post-graduate research at the University of the Florida and is seeking VE professionals who are also specialists in sustainable construction, ie specialists who has worked with building sustainability rating tools such as LEED (LEED-AP),CASBEE, BREEAM, etc. He is developing a VE methodology/tool that is focused on improving building sustainability oriented outcomes, and so would like a VE-Sustainability specialist's input to give feedback on the validity and reliability of this tool. If you are able to help, please contact Joel Wao at joelwao@ufl.edu. Associated Link :

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   11/9/2013

Subject: Obligation to Provide Warranties Survives Termination

Description: NEC 3 Obligations

The obligation to provide a parent company guarantee, bond or warranty were self-standing obligations which did not arise under the contractor’s obligations under Clause 20.1 or, if they did, did not form part of the further work necessary to Provide the Works as referred to in Clause 90.5. Associated Link : www.blissbooks.co.uk/images/Obligation%20to%20Provide%20Parent%20Company%20Guarantee.pdf

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   10/9/2013

Subject: ECA Survey Confirms Ongoing Late Payment Problems

Description: Third of ECA Members have to Wait 60 Days or More

A study by the Electrical Contractors’ Association has confirmed that late payment for subcontractors is still endemic across constructionAssociated Link : www.constructionenquirer.com/2013/09/09/main-contractors-under-fire-for-hanging-on-to-subbies-cash/

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   9/9/2013

Subject: Construction Framework Advertised

Description: Three-year Framework for Range of Construction Services

UK Shared Business Services Ltd., in Swindon, has published a Prior Information notice for a framework for a number of services, including: Cost Consultants, procurement, construction management and programme management.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:300605-2013:TEXT:EN:HTML

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   2/9/2013

Subject: Is a Collateral Warranty a "Construction Contract"

Description: Judge Gives Guidance on Status of Collateral Warranty

Parkwood sought determination of whether the parties’ contract entitled “Contractor/Beneficiary Warranty Deed” was a construction contract for the purposes of Part II of the Housing Grants Construction and Regeneration Act 1996. Associated Link : www.blissbooks.co.uk/images/IS%20A%20COLLATERAL%20WARRANTY%20A%20CONSTRUCTION%20CONTRACT.pdf

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   2/9/2013

Subject: Adjudication and Party's Financial Position

Description: Court Considers Financial Criteria

The issue was whether or not there should be a stay of proceeding of the enforcement of the adjudicator's decision due to TFC's financial situation. It was accepted that there could not be a challenge to the adjudicator's decision.Associated Link : www.blissbooks.co.uk/product_info.php?products_id=209695

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   22/8/2013

Subject: Parliament Advertises QS Framework

Description: Two Year Framework on Offer

A framework for Quantity Surveying services for a range of refurbishment, conservation construction, M and E, security, fire safety and ICT projects across the estate. Four firms will be appointed to the framework. The successful bidders will be asked to bid for projects as they arise via a mini competition. Bidders will also be required to provide staff to support the Parliamentary Estates Directorate to cover for permanent Project Leader/staff absences or to cover vacancies for the short to medium term.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:282702-2013:TEXT:EN:HTML

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   12/8/2013

Subject: Construction Adjudication and Payments Casebook

Description: New Adjudication Book

This book provides a user-friendly and practical guide to compliance and adjudication under the Housing Grants, Construction and Regeneration Act 1996. Timed to coincide with both the 10th anniversary of the Act coming into force (1 May 2008), and the culmination of its review by Parliament, the work will provide an up-to-date compendium of case law and useful materials which will be valuable to the construction industry, legal practitioners, and students. Associated Link : //www.blissbooks.co.uk/p209339/Construction-Adjudication-and-Payments-Casebook/product_info.html

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   12/8/2013

Subject: China's £400m Museum Project

Description: Call for Project Cost Managers

The Municipal Government in China is to fund 4 public cultural projects, which locate along the central axis of the city, to the south of the city’s most iconic landmark tower. They are: the Municipal Museum, the Municipal Art Museum, the Municipal Science Museum and the Municipal Culture Museum.
The disciplines required include urban design, underground space design, traffic system design and engineering consultancy, landscape design, architectural design schemes for the 3 museums and project cost managementAssociated Link : www.ukti.gov.uk/uktihome/item/573400.html?utm_source=alerts&utm_medium=email

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   7/8/2013

Subject: Autumn Seminar | Rescuing Contracts & Reviving Relationships

Description: Autumn Seminar | Rescuing Contracts & Reviving Relationships

This one day seminar will focus on the most common contractual and commercial problems that occur on construction projects, particularly in today’s challenging conditions: - Costs projected to exceed the target price or budget - Erosion or loss of profit - Late completion - Unresolved compensation events and variations - Poor communication and breakdown of relationships -Differences between the Client’s and the Contractor’s assessment of amounts due for payment The course will provide practical advice and guidance on how to get problem contracts back on track, repair relationships and deliver a mutually acceptable outcome, including real life case studies of problem contracts. What’s covered? - Techniques: - To establish, isolate and focus on what is causing the problem - To resolve problems collaboratively - To move the project team onto a path for success - Contractual requirements: - Understanding the main problem areas of NEC3 and JCT 2011 - Identifying a route map to fix them - Commercial control: - Establishing robust processes (including open book accounting and other collaborative techniques) - Relationships: - Developing an integrated project delivery team with clear objectives Dates and Locations: 10 October – Bristol 16 October – London 7 November – Birmingham 14 November – Leeds Delegate Fee: £125 + VAT per delegate For further information visit www.stradia.com, call 0114 243 0900, or email info@hartevents.co.uk Associated Link : www.stradia.com

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   31/7/2013

Subject: Construction Claims Class - Bahrain; Oman; London; Doha; Abu Dhabi; Dublin; Singapore

Description: Bahrain; Oman; London; Doha; Abu Dhabi; Dublin; singapore

Claims Class intensive 2 day training course is being held at the following venues around the world over the coming months:
Bahrain; Oman; London; Doha; Abu Dhabi; Dublin; Singapore

Construction professionals who have a good understanding of the science of claims are a valuable asset to their employer as they can increase the profitability of projects. Our 2 day intensive training programme is designed to provide the skills and knowledge necessary to prepare, present, respond to and manage claims in an effective manner. Even in times of recession, there is a constant demand for professionals in this field.

Topics covered by the course include: Contract administration; types of claim; claim strategy; delay analysis; the preliminaries to a claim; the essential elements of a successful claim; responses; disputes; claim preparation and presentation.

The course can also be studied by distance learning modules.

For further information contact Nina at nina.hewitt@hewittconsultancy.com, or visit www.constructionclaimsclass.comAssociated Link : http://www.constructionclaimsclass.com

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   30/7/2013

Subject: Contract Notice: Employer's Agent

Description: Four Year Framework

The London Borough of Hackney is advertising for an employer's agent framework. The Employer Agents Services are required generally from pre-tender stages to completion of the defects process. The services required include: Employer's Agent and Contract Administration services, Quantity Surveying services,CDM co-ordination services, and Clerk of Works / Project Supervision services. Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:254142-2013:TEXT:EN:HTML

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   29/7/2013

Subject: Principles of Forensic Delay Analysis - early bird offer

Description: Principles of Forensic Delay Analysis - early bird offer

Claims Class in association with Sporle Consultancy Services is pleased to announce that the Principles of Forensic Delay Analysis course will be held in Dubai on 10 September 2013.

TOPICS COVERED

• Contractual Requirements for Extension of Time Claims
• Delay Analysis Principles
• Methods of Delay Analysis
• Time Impact Analysis
• As-Planned vs. As-Built Analysis
• Essential Items to Include in Extension of Time Claims
• Definitions and Terminology
• Impacted As-Planned Delay Analysis
• Collapsed As-Built Analysis

Book before 14 August to receive a 10% early bird discount on fees:
Single Registration US$ 612 (US$680 after 14 August)
3 Delegates from one organisation US$ 550 each(US$ 612 each after 14 August)

To book your place or for further information visit www.constructionclaimsclass.com, or email nina.hewitt@hewittconsultancy.comAssociated Link : http://www.constructionclaimsclass.com

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   23/7/2013

Subject: QS Eye Magazine - Summer Edition

Description: QS Eye Magazine - Summer Edition

The summer edition of the QS Eye magazine is now available to view online. Find out about the aspirations of our new President and Vice President as they start their terms in office; learn about bio-mass boilers; read an interview with a Mediator and an analysis of trends in the QS profession; and much more.

To download the new issue, click on the following link: http://www.theqsi.com/magazine.aspAssociated Link : http://www.theqsi.com/magazine.asp

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   22/7/2013

Subject: Claims Class Quarterly | Issue 1

Description: Claims Class Quarterly | Issue 1

Hewitt Consultancy is pleased to announce that the first edition of the Claims Class Quarterly has been launched.

The company has been working on the newsletter for some time now, trying to create something that contains interesting, relevant and valuable information. Spread out across future editions, you can expect to see Top Tips articles, which have proven very popular, as well as articles written by guest writers who are all industry experts in their chosen fields.
the publication will also be sharing Claims Class news relating to new courses, new course dates, promotions on our Distance Learning and Intensive Training Courses and more. There will be opportunities to win prizes through participation in various competitions and quizzes too. Associated Link : https://www.facebook.com/ConstructionClaimsClass

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   17/7/2013

Subject: Senior QS required in NZ

Description: Senior QS required in NZ

New Zealand based company is searching for a UK educated (civil engineering background) Senior Quantity Surveyor with min 7-10 years experience in managing multiple projects in construction, transportation and maintenance. It is a very good opportunity for someone wanting a lifestyle change with the benefit of career aspirations. The remuneration and relocation packages are very attractive.
Contact Liz Brunswig, email - liz@lmbassociates.co.nz, tel - +64 2102 55 7900, skype - liz.brunswig.nz Associated Link : http://www.lmbassociates.co.nz

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   11/7/2013

Subject: Edinburgh Council Seeks QSs for Housing Programme

Description: Eight-year Contract

Edinburgh City Council is advertising for quantity surveyors and employer's agent to deliver its 21st Century Homes Programme. The eight year contract, which will be subject to annual review will cover projects within the 21st Century Programme which will vary in size and nature, but generally are likely to individually exceed £5m. Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:230465-2013:TEXT:EN:HTML&src=0

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   27/6/2013

Subject: QSi President visits Oman

Description: QSi President visits Oman

Steve Newcombe, the QSi President, will be visiting Oman during week commencing 1 July. If any members wish to meet with Steve during the week, please contact president@theqsi.co.uk to arrange a suitable time and location.Associated Link :

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   20/6/2013

Subject: Dispute Boards MENA has arrived. Calling for all DB practitioners to register.

Description: Dispute Boards MENA has arrived. Calling for all DB practitioners to register.

• Are you, or could you be a dispute boards practitioner within the construction industry?
• Do you want to raise your profile and highlight your experience as a dispute board practitioner?
• Do you hold appropriate educational and professional qualifications to serve on dispute boards?
• Do you hold specific qualifications in dealing with disputes?
• Are you suitably experienced to sit on a dispute board?
• Do you hold a position of respect and seniority within the industry?
• Do you have ‘hands on’ rather than theoretical experience at different levels within the industry?
• Are you available for appointment in the MENA region?

We may be asking you a lot of questions, but if you answered ‘YES’ to most of them, then there are a lot of reasons to join our Dispute Boards Practitioners Register.

What is Dispute Boards MENA?
Dispute Boards MENA provides information and resources relating to construction industry Dispute Boards with a focus on the Middle East and North Africa. The website also gives suitably qualified professionals an opportunity to join our online register and communicate their availability to sit on dispute boards. Those looking to establish a dispute board are able to contact these professionals directly. For more information on how you can join our practitioners register, contact us on hello@disputeboardsmena.com, or visit our website at www.disputeboardsmena.com Associated Link : www.disputeboardsmena.com

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   4/6/2013

Subject: Scottish Government Approves Plans for £650m Biomass Power Station

Description: Completion by 2017

Forth Energy, a joint venture between Forth Ports Limited and SSE, is planning to build wood-fuelled combined heat and power plant at Grangemouth. This will be Scotland’s largest plant of this kind. Associated Link : www.constructionenquirer.com/2013/06/04/go-ahead-for-650m-biomass-power-station/

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   3/6/2013

Subject: Genesis Housing Association Seeks Construction Professionals

Description: Five -Year Framework Advertised

The Genesis Housing Association is advertising for professional service providers for a framework.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:180252-2013:TEXT:EN:HTML&src=0

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   3/6/2013

Subject: Plans to Start Leeds Trolleybus in 2016

Description: Government Funding for Long Awaited Project

After years of setbacks, wrangling and controversy, it seems that Leeds' long-awaited £250m new generation transport dreams are to become a reality, with project leaders aiming to start work in 2016. The government is to provide government funding, after the project initially being axed by the incoming coalition in 2010. A Transport and Works Act Order is now being prepared for submission, clearing the way for work to begin.Associated Link : www.insidermedia.com/insider/yorkshire/91335-?utm_source=yorkshire_newsletter&utm_medium=top_story_article&utm_campaign=yorkshire_news_tracker

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   30/5/2013

Subject: Consultancy Support for Hoylake Golf/Hotel Resort

Description: Contract Opportunity

Wirral Council wish to appoint a Lead Adviser/Technical Team to work closely with supporting, advising and guiding Council Officers to prepare the tender documents, including a detailed scoring matrix, and assist the Council in the selection of a Delivery Partner through the OJEU Competitive Dialogue process. The conclusion of this commission will be a report to Wirral Council Cabinet Committee recommending the appointment of a preferred developer by spring 2014. The developer will then promote, develop and ultimately deliver and manage the Council’s vision of a ‘top of the range’ golf resort facility. It is essential that the successful lead consultant, with any professional advisers/sub-consultants, have the Technical and Commercial skills to complete this commission. The successful contractor will be required to optimise their resources to achieve the maximum support for the council in achieving Contract award for the Hoylake Golf Resort.
The Council are conducting a Mini Competition for the contract through The North West Construction Hub Framework for Engineering and Professional Services Lot 2. Project and Programme Management; the rates established for this framework will apply in the pricing calculation. Associated Link : www.the-chest.org.uk/procontract/supplier.nsf/frm_opportunity?OpenForm&contract_id=CONTRACT-NWCE-986P7P

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   30/5/2013

Subject: Oldham Coliseum Theatre and Heritage Centre – Quantity Surveying Services

Description: Oldham Counsil Seeks QS

The project encompasses the re-use and extension of an existing former library building and the construction of a new linked theatre for cultural uses, incorporating a theatre with a Heritage Centre and associated public realm works. The project is a collaboration between the Oldham Coliseum Theatre (OCT) and the Arts & Heritage Services of Oldham Council. It will extend Oldham’s cultural quarter, bringing together the producing theatre, young people’s theatre, community arts development, art gallery, heritage collections, and local studies in a single linked complex combining a new build and a conversion of a much loved but currently empty Victorian library, linked via a bridge with Gallery Oldham and public space in the Library Gardens. Associated Link : /www.the-chest.org.uk/procontract/supplier.nsf/frm_opportunity?OpenForm&contract_id=CONTRACT-NWCE-986P7P

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   29/5/2013

Subject: Dispute Boards MENA

Description: DISPUTE BOARDS MENA HAS ARRIVED

Dispute Boards MENA provides information, advice and resource downloads relating to construction industry dispute boards with a focus on the Middle East and North Africa.

The FIDIC forms of contract are the most widely used contracts for construction works in the Middle East and North Africa. These contracts have included provisions for the appointment of dispute boards since 1999, but the MENA region has been very slow to adopt their use.

EC Harris’ Global Construction Disputes Report 2012 advises that the average value of disputes has reduced globally, but has increased in the Middle East. Mike Allen, Global Head of Contract Solutions at EC Harris says: “The Middle East saw a flood of major disputes last year. Over the past few years we have seen a reluctance to settle in the Gulf region, but this has been replaced by a stronger desire to do business and resolve disputes as the economies strengthen. On the whole, however, disputes are still costing the industry time and money.’ It has been calculated that 50% of legal costs within the construction industry are dispute related.

Many countries outside the MENA region now adopt dispute boards as a means of avoiding and resolving disputes and many government bodies include them as requirements in their construction contracts. Some countries, such as the United Kingdom, have even introduced legislation to ensure that attempts to settle disputes by adjudication are made prior to the commencement of litigation.

Dispute boards are mandatory for projects funded and supported by the World Bank, the European Union, the European Investment Bank, European Bank for Reconstruction and Development and the Asian Development Bank. The International Chamber of Commerce, FIDIC and the Institution of Civil Engineers also recommend their use.

About 99% of disputes referred to Dispute Boards are resolved in less than 90 days and the cost of employing standing dispute boards is between 0.05% of the construction cost on dispute free projects and 0.25% for more difficult projects.

Why then, when dispute boards have proved to be successful in other regions, has the MENA region been so slow to adopt their use?

We believe this to be largely due to a lack of understanding of the significant benefits and the added value that dispute boards can bring to construction projects. There is no reason why the MENA region should not take advantage of reduced project costs, reduced completion times, continuing goodwill and the avoidance of disputes that are now common elsewhere. Associated Link : www.disputeboardsmena.com

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   20/5/2013

Subject: Latest Global Construction Disputes Report Published

Description: Dispute Values Increase says E.C. Harris Report

Construction legal disputes have skyrocketed in average value and now take a third longer to resolve than they did in 2011. According to an EC Harris study dispute values jumped from £6.6m in 2011 to £17.7m last year and now drag on four months longer than they did in 2011. Associated Link : www.echarris.com/pdf/ECH_Global_Construction_Disputes_Report_2012.pdf

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   9/5/2013

Subject: Contract Notice

Description: Craigavon: Project Management Services

The Contracting Authority wishes to appoint an Economic Operator to provide integrated project management and design consultancy services and support the Contracting Authority in the procurement and subsequent management of a Works Contractorwho will be appointed (separately) to construct new leisure facilities in Craigavon, Northern Ireland. The required professional services include the following disciplines: Project Manager, Architect/Lead Designer, Cost Consultant, Mechanical & Electrical Services Engineer, Civil & Structural Engineer, CDM Co-ordinator, Landscape Architect, BREEAM Assessor, Fire Engineer, Urban Stewardship/Urban Design, and any other discipline considered appropriate to provide the required services.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:149833-2013:TEXT:EN:HTML&src=0

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   9/5/2013

Subject: New Hotel and Office Complex at the Trafford Centre

Description: Peel Announces Plans

North West regeneration group Peel has lodged plans to build a new 150-bed hotel opposite the Trafford Centre. Peel wants to redevelop the site of the former Kratos office building, in Mercury Way, on Trafford Park. Peel is reported to have secured interest from an as yet unnamed hotel operator for the project. Associated Link : www.insidermedia.com/insider/north-west/89919-?utm_source=northwest_newsletter&utm_medium=top_story_article&utm_campaign=northwest_news_tracker

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   2/5/2013

Subject: Plans for £350m Housing Scheme Submitted

Description: Project for 2,400 Homes

The Gateshead Regeneration Partnership (GRP) has submitted plans for a £350m housing scheme in Gateshead. GRP is a partnership comprising Gateshead Council, housing provider Home Group and housebuilding and construction group Galliford Try.Associated Link : www.insidermedia.com/insider/north-east/89487-?utm_source=northeast_newsletter&utm_medium=property_article&utm_campaign=northeast_news_tracker

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   2/5/2013

Subject: Court Grants Injunction Against Enfocement of Ajudication Award

Description: Grounds of Impecuniosity

An Australian Court has granted an injunction restraining the enforcement of an adjudicator's award on the grounds of the successful party's financial situation.Associated Link : www.blissbooks.co.uk/images/Impecuniosity.pdf

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   1/5/2013

Subject: The Institute of Construction Claims Practitioners

Description: The Institute of Construction Claims Practitioners

For those of you who are involved in the claims side of the industry, you may be interested to know that an institute is currently being formed for construction claims practitioners. Like the QSi, the Institute of Construction Claim Practitioners (ICCP) will offer membership at various levels depending on demonstrable experience, as well as qualification.
If you wish to be advised when the institute is launched, please email andy.hewitt@hewittconsultancy.com with your email address and we will add you to the mailing list. Associated Link :

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   30/4/2013

Subject: Roger Knowles presents Contractual Awareness seminars

Description: Roger Knowles presents Contractual Awareness seminars

Roger Knowles will be giving 2 one day Contractual Awareness seminars this coming June. Topics covered will include:

Conditions of contract
Letters of intent
Programmes
Time
Liquidated damages
Variations and changes
Securing payment
Final Accounts
Insolvency
Project bank accounts
Practical completion
For details of the full programme, together with dates and cost please email suzanne@hartevents.co.uk Associated Link :

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   30/4/2013

Subject: Claims Class: Singapore 18/19 July - 10% discount for QSi members

Description: Claims Class: Singapore 18/19 July - 10% discount for QSi members

Hewitt consultancy is pleased to offer all current QSi members a 10% discount on the fee for its claims class. This course can be studied either through distance learning modules or as and intensive 2 day training course. Current dates and venues are as follows:
Singapore - 18/19 July
Bahrian - 17/18 September
Muscat - 20/29 October
London - 18/19 November

The course covers contract administration; types of claim; claim strategy; delay analysis; the preliminaries to a claim; the essential elements of a successful claim; responses; disputes; claim preparation and presentation.

For full details please visit the website at www.constructionclaimsclass.com or email nina.hewitt@hewittconsultancy.com. Associated Link : www.constructionclaimsclass.com

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   30/4/2013

Subject: QSs and Project Managers Wanted in Gibraltar

Description: QSs and Project Managers Wanted in Gibraltar

JLC CONSULTING LIMITED
Chartered Quantity Surveyors
Chartered Project Management Surveyors

We are looking for Quantity Surveyors and Project Management Surveyors who have suitable post-qualification experience at senior professional level in their respective fields. These positions are permanent with very good prospects for the future offering opportunities for Surveyors wanting to relocate specifically to Gibraltar and Southern Spain. If you are looking to relocate to Gibraltar or nearby Spain and interested in any of these positions please send your CV in confidence including two written references and contact details to:

JLC Consulting Limited
Suites 19 & 21 Block 6,
Watergardens
Waterport Road
GIBRALTAR

Email: john.licudi@jlc.gi Associated Link :

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   24/4/2013

Subject: Annual Conference

Description: Save the Date!

This year's QSi annual conference and networking event is scheduled to take place on 20 November. We are currently working to pull together a selection of intereting speakers for the day and will provide further information shortly.Associated Link :

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   23/4/2013

Subject: New Edition of the New Engineering Contract Published

Description: Revised and New Contracts

A new edition of the New Engineering Contract (NEC 3) has been published. The suite includes a new Short Form of Professional Services Contract, and guides, including one of Building Information Modelling (BIM).Associated Link : www.blissbooks.co.uk/Contract-Shop-New-Engineering-Contract-(NEC)/c3091_3129/index.html

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   23/4/2013

Subject: Peel Plans Major Bridgewater Canal Development

Description: Development to Attract Visitors and Investment

Property development group Peel and housebuilder Taylor Wimpey have joined forces and are planning to build a new marina and up to 600 dwellings on land off Worsley Road, in Broadoak, near Eccles. There will also be a retail development. The proposals are now with the planners in Salford.Associated Link : www.insidermedia.com/insider/north-west/88884-?utm_source=northwest_newsletter&utm_medium=top_story_article&utm_campaign=northwest_news_tracker

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   18/4/2013

Subject: Project Bank Accounts to be Trailled in Scotland

Description: Subcontractors Could be Paid in Five Days

The Scottish Review of Procurement in Construction is recommending that project bank accounts be trialled on government contracts next year in a bid to speed up payments to subcontractors and suppliers.Associated Link : www.constructionenquirer.com/2013/04/18/project-bank-accounts-to-speed-up-scottish-payments/

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   15/4/2013

Subject: Next Phase for Liverpool Garden Festival Site

Description: Planning Permission for 1,400 houses

Site investigation work has begun on the festival dome at the site in Otterspool Promenade in advance of the proposed housing development there. Associated Link : www.insidermedia.com/insider/north-west/88353-?utm_source=liverpool_newsletter&utm_medium=property_article&utm_campaign=liverpool_news_tracker

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   15/4/2013

Subject: Carillion Wins Manchester Airport City

Description: £650m Win will Boost Carillion Coffers

A consortium of Argent, Greater Manchester Property Venture Fund and Carillion is believed to have won a bid to develop the £650m Manchester Airport City scheme.Associated Link : www.constructionenquirer.com/2013/04/15/carillion-lands-650m-manchester-airport-city-scheme/

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   6/4/2013

Subject: Manchester Commercial Property Club

Description: Manchester Commercial Property Club

To book for The Commercial Property Clubs, please follow the links below: Merseyside Networking - Meet the right people http://thecommercialpropertyclubmerseyside.eventbrite.co.uk Manchester http://www.eventbrite.co.uk/event/5785545723 We look forward to seeing you there. Associated Link : http://www.eventbrite.co.uk/event/5785545723

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   6/4/2013

Subject: Liverpool Commercial Property Club

Description: Liverpool Commercial Property Club

Networking - Make contacts with the right people To book for The Commercial Property Clubs, please follow the links below: Merseyside http://thecommercialpropertyclubmerseyside.eventbrite.co.uk Manchester http://www.eventbrite.co.uk/event/5785545723 We look forward to seeing you there. Associated Link : http://thecommercialpropertyclubmerseyside.eventbrite.co.uk

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   25/3/2013

Subject: Does “electronic” networking work or if Face to Face networking better?

Description: Does “electronic” networking work or if Face to Face networking better?

There are a large number of people who believe that if they put their businesses onto Facebook or Linkedin or even Manchester Professionals they will get people establish working relationships with other businesses.
The truth is that once you have established contact with a potential client, that is the time to go and see them. (Or in BNI parlance 1-2-1)
This is why I would like all the property companies in Manchester Professionals to spare the time to come to the Location: Restaurant Bar & Grill, 14 John Dalton Street, Manchester, M2 6JR
Date & Time: 17:00 – 20:00, Thursday, 28th March 2013
• A FREE alcoholic drink on arrival and light buffet throughout the evening.
• Informal and professional niche networking every month at the fabulous and stylish Restaurant Bar & Grill, Manchester. • Casual evenings to have some laughs, discuss industry news, local gossip, projects, partnerships, career opportunities and much more with other professional people within your industry.
• No catch, no boring speeches, just great people at a great venue. • If invited, it’s free to join, just pay as you go for each event! Price: A nominal contribution of just £15.00 per person online (preferred) or £20 per person cash on the door.
The only stipulation to be able to attend this event is that you must along at least one professional person already working or associated within the industry.
Associated Link :

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   14/3/2013

Subject: 10% discount on claims course fees

Description: 10% discount on claims course fees

Singapore - 18/19 July
Hewitt consultancy is pleased to offer all current QSi members a 10% discount on the fee for its claims class. This course can be studied either through distance learning modules or as and intensive 2 day training course. Current dates and venues are as follows:
Singapore - 18/19 July
Bahrian - 17/18 September
Muscat - 20/29 October
London - 18/19 November

The course covers contract administration; types of claim; claim strategy; delay analysis; the preliminaries to a claim; the essential elements of a successful claim; responses; disputes; claim preparation and presentation.

For full details please visit the website at www.constructionclaimsclass.com or email nina.hewitt@hewittconsultancy.com. Associated Link : www.constructionclaimsclass.com

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   14/3/2013

Subject: Roger Knowles Contractual Awareness Training

Description: Roger Knowles Contractual Awareness Training

Roger Knowles will be giving 2 one day Contractual Awareness seminars this coming June. Topics covered will include:

Conditions of contract
Letters of intent
Programmes
Time
Liquidated damages
Variations and changes
Securing payment
Final Accounts
Insolvency
Project bank accounts
Practical completion
For details of the full programme, together with dates and cost please email suzanne@hartevents.co.uk Associated Link :

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   7/3/2013

Subject: Manchester property Club

Description: Manchester property Club

Are you a Professional Involved in or Associated with the Commercial Property Industry in Greater Manchester?
…. Whether that be in Construction of, Acquisition, Letting, Refurbishment, Relocation, Fit-Out, Maintaining or Supplying.
Do you want to maximise your chances of success by networking with the right kind of people?
Did you promise yourself that in 2013 you would make more of an effort to meet more new people in your industry?
If you answered ‘yes’ to the above, then please read on as there is an exciting opportunity to join a brand new group formed in Manchester.
Location: Restaurant Bar & Grill, 14 John Dalton Street, Manchester, M2 6JR
Date & Time: 17:00 – 20:00, Thursday, 28th March 2013
• A FREE alcoholic drink on arrival and light buffet throughout the evening.
• Informal and professional niche networking every month at the fabulous and stylish Restaurant Bar & Grill, Manchester.
• Casual evenings to have some laughs, discuss industry news, local gossip, projects, partnerships, career opportunities and much more with other professional people within your industry.
• No catch, no boring speeches, just great people at a great venue.
• If invited, it’s free to join, just pay as you go for each event!
Price: A nominal contribution of just £15.00 per person online (preferred) or £20 per person cash on the door.
The only stipulation to be able to attend this event is that you must bring along at least one professional person already working or associated within the industry.
If you are interested in attending this brand new and unique monthly event, please email kevin.thompson@theofficeremovalteam.co.uk to confirm your attendance and guests.
If you are not interested in this unique opportunity, please forward to a professional within the industry who may be.
PS. A similar group was formed in London and in just over 3 months, it has doubled in size and partnerships are already being formed.
You can join our group on LinkedIn by searching for ... “The Commercial Property Club Manchester”
Associated Link :

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   7/3/2013

Subject: The Commercial Property Club Merseyside

Description: The Commercial Property Club Merseyside

Are you a Professional Involved in or Associated with the Commercial Property Industry in Merseyside?
…. Whether that be in the Construction of, Acquisition, Letting, Refurbishment, Relocation, Fit-Out, Maintaining or Supplying.
Do you want to maximise your chances of success by networking with the right kind of people?
Did you promise yourself that in 2013 you would make more of an effort to meet more new people in your industry?
If you answered ‘yes’ to the above, then please read on as there is an exciting opportunity to join a brand new group formed in Merseyside.
Location: Restaurant Bar & Grill, Halifax House, Brunswick Street, Liverpool L2 0UU Date & Time: 17:00 – 20:00, Thursday, 21st March 2013 • A FREE alcoholic drink on arrival and light buffet throughout the evening. • Informal and professional niche networking every month at the fabulous and stylish Restaurant Bar & Grill, Liverpool. • Casual evenings to have some laughs, discuss industry news, local gossip, projects, partnerships, career opportunities and much more with other professional people within your industry.
• No catch, no boring speeches, just great people at a great venue.
• If invited, it’s free to join, just pay as you go for each event!

Price: A nominal contribution of just £15.00 per person (online – preferred) or £20.00 per person cash on the door.

The only stipulation to be able to attend this event is that you must bring along at least one professional person already working or associated within the industry.
If you are interested in attending this brand new and unique monthly event, please email kevin.thompson@theofficeremovalteam.co.uk to confirm your attendance and guests.
If you are not interested in this unique opportunity, please forward to a professional within the industry who may be.
PS. A similar group was formed in London and in just over 3 months, it has doubled in size and partnerships are already being formed.
You can join our group on LinkedIn by searching for ... “The Commercial Property Club Merseyside” Associated Link :

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   4/3/2013

Subject: 10% Discount on Claims Class Courses

Description: 10% Discount on Claims Class Courses

Hewitt consultancy is pleased to offer all current QSi members a 10% discount on the fee for its claims class. This course can be studied either through distance learning modules or as and intensive 2 day training course. Current dates and venues are as follows:
Dublin, Ireland - 24/25 April
Muscat, oman - 3/4 June
Singapore - 18/19 July

The course covers contract administration; types of claim; claim strategy; delay analysis; the preliminaries to a claim; the essential elements of a successful claim; responses; disputes; claim preparation and presentation.

For full details please visit the website at www.constructionclaimsclass.com or email nina.hewitt@hewittconsultancy.com. Associated Link : www.constructionclaimsclass.com

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   26/2/2013

Subject: Samsung Submits Late Bid for Mersey Gateway

Description: Contractor Joins FCC/ Kier Consortium

Samsung C&T Corporation is to join the Merseylink Consortium which is bidding to build the £600m Mersey Gateway Bridge between Runcorn and Widnes.Associated Link : www.theconstructionindex.co.uk/news/view/koreans-join-race-for-mersey-bridge

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   26/2/2013

Subject: Scottish Water Plans £250m Waste Water Investment

Description: Five-Year Programme to Improve Clyde Water Quality

Scottish Water has announced plans for what it says is the biggest investment in the Greater Glasgow area’s waste water network in more than a century.As well as improving water quality in the Clyde, the schemes will also alleviate sewer flooding.Associated Link : www.theconstructionindex.co.uk/news/view/250m-allocated-for-clyde-clean-up

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   20/2/2013

Subject: Bardsley Wins £13.2m Affordable Housing project

Description: Contract Win from City West Housing Trust

Bardsley has been appointed to design and construct the 78 affordable homes plus public amenities on a 13.2-acre brownfield site in Little Hulton with this first phase of a wider development programme due to complete in June 2014.Associated Link : www.insidermedia.com/insider/north-west/85102-?utm_source=northwest_newsletter&utm_medium=property_article&utm_campaign=northwest_news_tracker

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   19/2/2013

Subject: Revenues Fall at Morgan Sindall

Description: Regeneration Work Positive

Revenue has fallen by almost £200m at construction group Morgan Sindall accompanied by a 15% fall in pre-tax profit. Although the forward order book is down, there is potential regeneration worth £2.1bn, with £400m of opportunities at preferred developer stage.Associated Link : www.insidermedia.com/insider/midlands/85161-revenue-tumbles-morgan-sindall

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   19/2/2013

Subject: Sanderson Weatherall Acquires Edwards

Description: Acquisition Will Aid Growth in Leisure Market

Chartered surveyors and property consultancy business Sanderson Weatherall has acquired Edwards and Partners, a niche practice which specialises in the valuation and sale of leisure property.Associated Link : www.insidermedia.com/insider/south-west/85119-

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   19/2/2013

Subject: Plans for Torquay's Big Wheel Submitted

Description: Wheel will Include Coffee Shop and Observation Area

The Mellor Group has submitted the plans to for wheel to be based at Princess Gardens in Torquay. The company ran the wheel there last summer. Associated Link : www.insidermedia.com/insider/south-west/85096-plans-torquays-big-wheel

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   14/2/2013

Subject: Leave to Appeal Against DRB Decision Refused

Description: Bespoke Contract Issue not of General Importance

The TCC has refused leave to appeal against the finding of a Dispute Review Board, finding that the issue was not of general importance as it concerned a one-off, bespoke contract and that the DRB had not been obviously wrong in its interpretation of the contract's risk sharing provisions. Associated Link : www.blissbooks.co.uk/images/amec.pdf

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   8/2/2013

Subject: Roger Knowles to give Contractual Awareness Lectures

Description: Contractual Awareness Seminars to be held in London and the North West

Roger Knowles will be giving 2 one day Contractual Awareness seminars this coming June. Topics covered will include:

Conditions of contract
Letters of intent
Programmes
Time
Liquidated damages
Variations and changes
Securing payment
Final Accounts
Insolvency
Project bank accounts
Practical completion
For details of the full programme, together with dates and cost please email suzanne@hartevents.co.uk Associated Link :

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   8/2/2013

Subject: New Book - "Introduction to Estimating for Construction"

Description: New book available

A new book entitled "Introduction to Estimating for Construction" has recently been published, written by Brian Greenhalgh BSc MBA FRICS FCIOB FQSi.

Students and professionals encountering estimating for the first time need an approachable introduction to its principles and techniques, which is up to date with current practice. Introduction to Estimating for Construction explains both the traditional techniques, and best practice in early contractor involvement situations, within the framework of modern construction procurement.

As well as introducing different estimating techniques, it includes:

The nature of costs in construction from a cost of resources approach

Modern tendering procedures and the stages of development of construction projects

How to convert an estimate into a formal tender and then into a contract

Simple numerical examples of estimates

Estimating and cost analysis during the construction project

Summaries and discussion questions in every chapter

This is an easy to read introduction to building estimating for undergraduate students, or anyone working in a quantity surveying or construction commercial management role who needs a quick reference.

For full details or to order you copy, please go to: http://www.routledge.com/books/details/9780415509879/Associated Link : http://www.routledge.com/books/details/9780415509879/

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   4/2/2013

Subject: JCT Launches Non-UK Markets Survey of Contracts

Description: Research into Use of JCT Contracts Overseas

The Joint Contracts Tribunal has launched an online survey to gain an informed view from construction contract users on the use of its standard form contracts outside the UK. The results of the survey will be used to investigate how to make it easier for contract users to adopt its contracts on a project in a non-UK market. It is particularly relevant to those who currently use JCT contracts on projects overseas, or those who regularly procure work outside the UK and would like to use a JCT form. The closing date for the survey is 30 April 2013. Associated Link : www.jctltd.co.uk/non-uk-markets-survey.aspx

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   1/2/2013

Subject: Research Shows Improvement in the Contruction Industry

Description: Begbie Traynor Spots "Green Shoots"

Despite falls in construction output in 2012 and a dismal forecast for 2013, Begbie Traynor's Red Flag Alert research, which monitors the financial health of corporate UK, shows that construction and real estate have led an overall improvement in the UK economy.Associated Link : http://www.theconstructionindex.co.uk/news/view/begbies-sees-green-shoots-for-construction

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   1/2/2013

Subject: Islington Council Tenders QS Framework

Description: Estimated Framework Value £400,000

Following a pilot framework agreement for Quantity Surveying Services in February 2010 to determine the scope and requirements, the framework agreement is due to come to an end and replacement service providers must be ready to deliver services by April 2013.Associated Link : https://www.londontenders.org/procontract/supplier.nsf/frm_opportunity?openForm&opp_id=OPP-HIS-DNWC-92YJYC&search_id=PLAN-SCHDNWC-94HD87&contract_id=CONTRACT-DNWC-92PFPV&org_id=ORG-DNWB-74JHMQ&from=

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   25/1/2013

Subject: Britain and Ireland Sign Wind Farm Agreement

Description: Potential Irish Wind Farm Boom

The governments of Britain and Ireland have signed a memorandum of understanding which is designed to produce an agreement which could lead to the development of wind farms for the mutual benefit of both countries. An added benefit will be the creation of thousands of jobs.Associated Link : www.theconstructionindex.co.uk/news/view/agreement-could-herald-irish-wind-farm-building-boom

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   18/1/2013

Subject: 2 Day Claims Class - 10% Discount for all QSi Members

Description: Dublin and Muscat

The latest dates and venues for the 2 day Claims Class run by Hewitt Construction Consultancy are:
5/6 March - Abu Dhabi
24/25 April - Dublin, Ireland
3/4 June - Muscat, Oman

The 2 day course is designed to provide the skills and knowledge necessary to prepare, present, respond to and manage claims in an effective manner.

Topics covered by the course include: Contract Administration; types of claim; claim strategy; delay analysis; the preliminaries to a claim; the essential elements of a successful claim; responses; disputes; claim preparation and presentation.

The course can also be studied by distance learning modules.

For further information visit the website at www.constructionclaimsclass.com or contact Nina at nina.hewitt@hewittconsultancy.com Associated Link : www.constructionclaimsclass.com

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   15/1/2013

Subject: Members of Construction Industrial Strategy Advisory Council Named

Description: CISAC Will Oversee Construction Industry Strategy

The Government's Chief Construction Adviser, Peter Hansford, has revealed the identities of the members of his Construction Industrial Strategy Advisory Council. The Council will now work towards creating a long-term strategy for the construction industry.Associated Link : news.bis.gov.uk/Press-Releases/Advisory-council-named-for-construction-industrial-strategy-68619.aspx

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   9/1/2013

Subject: G&T Win National Museums of Scotland Contract

Description: Appointment to Phase 3 Masterplan

Gardiner and Theobald have won a contract to provide quantity surveying services to the National Museum of Scotland to support of the Museum’s Round 2 Heritage Lottery Fund (HLF) Application for Phase 3 of the NMoS Masterplan, and the subsequent delivery of the project.Associated Link : www.gardiner.com/

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   20/12/2012

Subject: Clients Taking Longer to Pay Consultants

Description: Payment Times Increase to 90 Days

Clients are taking longer to pay SMEs for the work they do, according to the Association for Consultancy and Engineering's Benchmarking study of the UK and European consultancy and engineering sector. This risks driving companies out of business or raising debt levels to cope with the delays. The study of fifty-five companies across the sector found that small companies saw payment times lengthen to 90 days this year, up from 78 days last year. Large firms, however, saw payment times improve to an average of 70 days, down from 80 days in last year’s study.Associated Link :

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   19/12/2012

Subject: Join Us On LinkedIn

Description: Join Us On LinkedIn

The QSi LinkedIn pages now have over 3,000 followers. To participate in the forum, please go to the following link and join the group: http://www.linkedin.com/groups/QSi-Quantity-Surveyors-International-2598081?trk=myg_ugrp_ovr Associated Link : http://www.linkedin.com/groups/QSi-Quantity-Surveyors-International-2598081?trk=myg_ugrp_ovr

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   18/12/2012

Subject: Ofgem Announces £24.2bn to Upgrade Gas and Electricity Networks

Description: Longer Price Control Period of Eight Years

Ofgem has today announced that it will invest £24.2bn to upgrade the UK's electricity and gas networks. Projects include upgrading the high voltage electricity transmission network for England and Wales and the high pressure gas transmission network.Associated Link : www.ofgem.gov.uk/Media/PressRel/Documents1/20121217-Press-Release-RIIO.pdf

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   14/12/2012

Subject: Islington Borough Council Advertises QS Framework

Description: Consultancy for Public Buildings

Islington Borough Council is advertising a framework for quantity surveying services to commence in April 2013. The scope of the framework agreement will need to be sufficiently flexible to cope with fluctuations in need, as will the service provider. Public buildings vary in purpose and include, not exhaustively, libraries, depots, municipal buildings, housing and social services offices, nursery schools, schools, other facilities for children and young people, health buildings, public conveniences and residential properties.Associated Link : https://www.londontenders.org/procontract/supplier.nsf/frm_opportunity?openForm&contract_id=CONTRACT-DNWC-92PFPV&opp_id=OPP-HIS-DNWC-92YJYC&search_id=&org_id=ORG-DNWB-74JHMQ&from=supplier_home

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   13/12/2012

Subject: Balfour Beatty Preferred Bidder for £200m Roads Contract

Description: 5-Year Maintainance Contract

Balfour Beatty has been selected as preferred bidder to maintain Suffolk’s highways in a contract worth £200 million over five years, with the possibility of an extension to 10 years. If the contract is approved, it Balfour Beatty Living Places will be responsible for the design and implementation of highway maintenance and improvement works, winter gritting, street lighting, traffic signals and bridge works throughout the county. Associated Link :

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   11/12/2012

Subject: Plans for £650m "Airport City" Announced

Description: New Hotels, Offices and Retail Proposed

Manchester Airports group (MAG) has submitted plans for a £650m "Airport City" which would create over 11,000 new jobs. The proposals comprise 1.2 million sq ft of offices, 530,000 sq ft of advanced manufacturing space, about 1,300 new hotel beds, 62,000 sq ft of retail and a multi-storey car park as well as a 13-acre central park area.Associated Link : www.magworld.co.uk/magweb.nsf

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   19/11/2012

Subject: Council Plans 43 acre development in Salford

Description: Joint Venture with Peel Group

Peel Group and Salford City Council have #joined forces for a new development in Salford. The first phase of road infrastructure, which will provide access between the new site and the Trafford Centre, is due to complete in the summer of 2014. Associated Link : www.placenorthwest.co.uk/news/archive/12627-joint-venture-plans-43-acre-retail-development-in-salford.html

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   19/11/2012

Subject: Preferred Bidder for Working Development Named

Description: Social Housing PFI Development

Woking Borough Council has named Evolution, a consortium made up of Thames Valley Housing and Kier Project Investment, to be contracted to build a 373-home development on a 9.5 acre site. The site will include 224 affordable social rented properties which will be maintained and managed by Evolution over a 25-year contract. Associated Link :

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   19/11/2012

Subject: Tate Britain Seeks QSs

Description: Phased Delivery of Transforming the Tate Britain Millbank Master Plan

The Tate Gallery is advertising a four-year framework quantity surveying and cost consultancy services for the Transforming Tate Britain Millbank Master Plan and other ancillary works.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:366133-2012:TEXT:EN:HTML&src=0

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   12/11/2012

Subject: CIOB Event

Description: Invitation to Join CIOB North West Events

15 January 2013 - BIM Bimboozled, Bimused, Bimbarded - Bolton £20
16 January 2013 - Innovate and Succeed - Rhos-on-Sea £5
7 February 2013 - Health & Safety Update - Salford £5
19 February 2013 - Update on Latest Fire Regulations - Leyland £5
28 February 2013 - Sustainable Transport Projects - Liverpool £5 1 May 2013 - Building Information Modelling - Wrexham £5

For details of these and other events in the area, please visit the link below Associated Link : http://www.ciob.org.uk/sites/ciob.org.uk/files/north_west_diary_web_2012-2013_0.pdf

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   7/11/2012

Subject: V & A Seeks QSs

Description: Framework Contract Advertised

The Victoria and Albert Museum is advertising a framework contract for quantity surveying services.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:352475-2012:TEXT:EN:HTML&src=0

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   7/11/2012

Subject: Salford Regeneration Plans Announced

Description: Proposals for Mixed Use Scheme

The Scarborough Development Group is to unveil plans for a one million sq ft regeneration in Salford this week. Proposals have been drawn up for a mixed-use scheme comprising 347 houses and maisonettes, a community or educational building and a sports and leisure facility. Associated Link :

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   7/11/2012

Subject: £43m Nottingham Gateway Restarts

Description: Completion Expected by 2013

Nottingham City Council has welcomed news that the new owner of Canal Street, Nottingham One Development Ltd., is to press ahead with the mixed-use scheme.Associated Link : www.insidermedia.com/insider/midlands/79779-43m-southern-gateway-development-reboots?utm_source=eastmidlands_newsletter&utm_medium=top_story_article&utm_campaign=eastmidlands_news_tracker

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   25/10/2012

Subject: Adjudicator Not Entitled to Fees for Uneforceable Decision

Description: No discrete entitlement to his fees and expenses for the ancillary and anterior functions that he performed.

The bargained-for performance had been an enforceable decision. There was nothing in the adjudicator's contract which showed that the parties had agreed to pay for an unenforceable decision or that they were prepared to pay for the services the adjudicator had performed in making an unenforceable decision. The purpose of the appointment had been the production of an enforceable decision which would resolve the dispute, albeit temporarily. An unenforceable decision was of no value to the parties. It would be a strange bargain to make if the adjudicator were entitled to the same payment for producing an unenforceable decision and the parties were not able to claim damages for the adjudicator’s failure to produce an enforceable decision, regardless of the seriousness of the failure and the loss it caused. Associated Link : www.blissbooks.co.uk/images/Systech.pdf

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   16/10/2012

Subject: E.On Proposes New Wind Farms in South West Scotland

Description: Consultation with the Communities to Begin

E.On has announced three propoosed sites for the construction of onshore wind farms in the South West of Scotland.Associated Link : http://pressreleases.eon-uk.com/blogs//eonukpressreleases/archive/2012/10/16/1874.aspx

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   15/10/2012

Subject: Contract Notice: Project Management Services

Description: Notice from the North Eastern Education and Library Board

The North Eastern Education and Library Board in Ballymena is seeking Project Managers for inclusion on a select list to provide the project management service for a new build special school, estimated construction value £15m. The number of practices is not expected to exceed six number. The form of contract will be carried out using the New Engineering Contract 3rd edition (NEC) Professional Services Contract. The form of contract to deliver the capital works will be options within NEC3 therefore experience of its use will be desirable. Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:325802-2012:TEXT:EN:HTML&src=0

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   15/10/2012

Subject: Galliford Try to build Birmingham casino complex

Description: £89m Deal with Genting UK

Galiford Try is to build a casino complex at the National Exhibition Centre in Birmingham. The £89m deal with Genting UK, the largest operator of casinos in the UK, includes construction of the casino, as well as a 176-bed hotel, and a spa. The 'Resorts World' project will also house conference facilities, a factory outlet centre, a cinema complex, retail space and parking. Construction is will begin this month (October 2012) and is expected to be completed in January 2015. Associated Link :

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   15/10/2012

Subject: Peel Ports Wins Planning Permission for Sheerness Facility

Description: Wind Turbine Manufacturing Facility

Liverpool-based Peel Ports has secured planning permission for the development of a wind turbine manufacturing facility at the Port of Sheerness.
In the summer from the scheme by Danish wind power manufacturing specialist Vestas, which had agreed to construct the site in 2011, withdrew from the scheme. The new planning permission will enable Peel Ports to upgrade the marine infrastructure and provide berths with permission previously granted for construction of 1.88m sq ft of buildings and 4.21m sq ft of storage area.Associated Link :

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   5/10/2012

Subject: Autumn QS Eye Magazine

Description: Later QS Eye now available to download

The Autumn edition of the QS Eye magazine is now available to download in the members area of the website. This bumper issue contained details of our annual conference taking place in November; our regular claims class case study; an interesting article on London Zoo's Listed Building problem; Letters of Intent; and the Olympic Legacy, to name but a few. We hope you enjoy it.Associated Link : http://www.theqsi.com/magazine.asp

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   4/10/2012

Subject: Peel submits latest plans for Ellesmere Port regen

Description: Wants to Change Perceptions of the Town

Property development group Peel has submitted new plans for a six-acre mixed-use project in Ellesmere Port as the Manchester group seeks a "step change" in perceptions of the town.
Peel's submission to Cheshire West and Chester Council includes plans for a new hotel, pub or restaurant, petrol station with convenience store, drive through restaurant, office and retail units. The project, close to Junction 8 of the M53 and Peel's Pioneer Business Park, could also include other units such as community facilities and health related uses on land which has been vacant for 20 years. Associated Link : www.peel.co.uk

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   4/10/2012

Subject: Skanska Wins College Contract

Description: £33m Contract fr New Campus

Skanska has been awarded a contract for design and construction of the South Essex College of Further & Higher Education’s new Thurrock Campus in Grays, Essex. The contract value is £33m.When complete, the new facility is set to provide a state of the art learning facility that will create better learning opportunities for young people and businesses across the local community. Associated Link :

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   2/10/2012

Subject: Quantity Surveyor and Employers Agent Consultancy Services

Description: Contract Opportunity

Liverpool City Council has advertised a contract for Quantity Surveyor and Employers Agent Consultancy services for Liverpool Science Park (LSP) to take the next stage of the project from appointment of the contractor to Practical Completion and the end of the defects liability period.Associated Link : https://www.the-chest.org.uk/procontract/supplier.nsf/frm_opportunity?OpenForm&contract_id=CONTRACT-NWCE-8YCHE4

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   26/9/2012

Subject: Roger Knowles presides over Mock Adjudication

Description: CPD Event

In conjunction with the Merseyside branch of the CIOB, the QSi is holding a Mock Adjudication at Bootle Town Hall on 11 October. Roger Knowles will be taking the role of the Adjudicator. The mock adjudication will be based on an actual dispute scenario which will be typical to the arguments and strategies adopted by Parties who are in dispute. We will meet a few characters on the way! For more information please visit the CIOB website. Booking is essential and payment required for CIOB & QSI members of £5; Non members £10 and students free. Contact kpercival@ciob.org.uk to book and CIOB HQ to pay. Tel: 01344 630851. Quote Ref NW LP 007 Associated Link : http://www.ciob.org.uk/events/list/2012/10/11

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   6/9/2012

Subject: E. C. Harris Submits Leeds Planning Application

Description: Two New Office Blocks

E. C. Harris has submitted a planning application for two office blocks at Central Square in Leeds.The development is to be designed by Aedas.Associated Link : http://www.propertyweek.com/news/news-by-sector/offices/ec-harris-submits-leeds-application/5042216.article

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   6/9/2012

Subject: Balfour Beatty Wins Place on £288m Magnox Framework

Description: Win Part of Drive to Increase Involvement in

Balfour Beatty is one of two contractors to be selected for the delivery of construction, infrastructure and maintenance projects across all 10 sites operated by Magnox on behalf of the Nuclear Decommissioning.Associated Link : //www.balfourbeatty.com/index.asp?pageid=42&newsid=374

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   5/9/2012

Subject: London Borough of Enfield Contract Lead

Description: Project Co-Ordinator Wanted

The London Borough of Enfield has advertised a contract for a project co-ordinator to lead on a small housing development.Associated Link : https://www.londontenders.org/procontract/supplier.nsf/frm_opportunity?openForm&contract_id=CONTRACT-DNWC-8XGHTL&opp_id=OPP-HIS-DNWC-8XGLCM&search_id=&org_id=ORG-DNWC-8AMDHN&from=supplier_home

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   4/9/2012

Subject: JCT Publishes Tendering Guidance

Description: Guide to Best Practice

The JCT has published the Tendering Practice Note 2012, a guidance document which covers the selective tendering process, including single-stage, two-stage, and competitive dialogue procedures, as well as the process of pre-qualification.Associated Link : http://www.blissbooks.co.uk/Contract-Shop-JCT-2011-Tendering-Practice-Note/c3091_3187/p199418/Tendering-2012-Practice-Note/product_info.html

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   3/9/2012

Subject: Balfour Beatty Leads 2012 To Contractors' League Table

Description: Last Twelve Months Show Some Improvement for Industry

Balfour Beatty has extended its lead in the Top 100 Contractors League Table. The figures show that the collective turnover has improved slightly on the figure for 2011. However, this cannot be taken as indicating that things are improving generally.Associated Link : www.theconstructionindex.co.uk/news/view/balfour-beatty-extends-its-lead-in-2012-top-100-rankings

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   3/9/2012

Subject: London’s First Anerobic Digestion Plant

Description: £21m Plant for Dagenham

TEG Group, the green technology firm based in Chorley, which develops organic composting and energy plants, has secured £21m for a new site in London. The plant will be at the London Sustainable Industries Park (LSIP) in Dagenham, will be London's first anaerobic digestion facility - capable of processing 49,000 tonnes of food and green waste a year.Associated Link : www.theteggroup.plc.uk/

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   29/8/2012

Subject: Mock Adjudication - Liverpool, 11 October 2012

Description: Mock Adjudication - Liverpool, 11 October 2012

Roger Knowles will feature as part of the panel in a Mock Adjudication being held in conjunction with the CIOB this autumn.

The event will take place at Bootle Town Hall on 11 October commencing at 6.00pm. For further information, please follow the link below.

To book your place please contact kpercival@ciob.org.uk.Associated Link : http://www.ciob.org.uk/events/%E2%80%9Cmock-adjudication-joint-venture-qsi

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   29/8/2012

Subject: International Construction Claims Class Comes to London - 10% discount for QSi members

Description: International Construction Claims Class Comes to London - 10% discount for QSi members

International Construction Claims Class Comes to London - November 2012

As the summer draws to an end, it's time to plan your diary for the autumn months. Hewitt Construction consultancy is pleased to offer QSi members a 10% discount on fees for the 2 Day Intensive Construction Claims Training Programme. The following dates are now available:

2 & 3 October 2012 – Riyadh, Saudi Arabia
14 & 15 November 2012 – London, UK
15 & 16 January 2013 – Doha, Qatar
13/14 March 2013 – Dublin, Republic of Ireland

Construction professionals who have a good understanding of the science of claims are amongst the highest earners within the industry and even in times of recession, there is a constant demand for skilled professionals in this field. They are a great asset to any organisation.

Topics covered by the course include:
Contract Administration; types of claim; claim strategy; delay analysis; the preliminaries to a claim; the essential elements of a successful claim; responses; disputes; claim preparation and presentation.

The course can also be studied by distance learning modules.

For further information visit our website at www.constructionclaimsclass.com or contact Nina at nina.hewitt@hewittconsultancy.com Associated Link : http://www.constructionclaimsclass.com

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   21/8/2012

Subject: Plans to Expand Milton Keynes Shopping Centre Submitted

Description: Two New Stores Planned

Plans for nearly 10,000 square metres of additional retail space at a Milton Keynes shopping centre have been submitted.One of the two planned new stores will be taken by Primark.Associated Link : www.planningresource.co.uk/news/1146367/Milton-Keynes-shopping-centre-expansion-plans-submitted/

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   14/8/2012

Subject: Kuwait Plans Inner City Light Rail Network

Description: Project Value More than $7bn

Kuwait is planning to build a 160km long inner-city light metro transport network across Kuwait City. The project value is more than $7bn. Part of the metro will be underground. Kuwait is now at the procurement stage of the project with construction expected to start in 2013. Associated Link : www.ukti.gov.uk/uktihome/item/354880.html

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   8/8/2012

Subject: Planning Consent for Galtwhistle Wind Farm

Description: 22 Wind Turbines Will Power Over 30,000 Homes

The Scottish Energy Mininster has approved the construction of the Galtwhistle Wind Farm, which will be built by Infinis Plc.Associated Link : www.scotland.gov.uk/News/Releases/2012/08/windfarm-approval08082012

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   8/8/2012

Subject: £8.5m Sheffield Technical College Set for Approval

Description: Wates Appointed as Contractor

Sheffield City Council's Planning Committee is to consider a report which recommends that a £8.5m technical college be approved. Subject to planning permission, work will start in September 2012.Associated Link : www.insidermedia.com/insider/yorkshire/74821-85m-sheffield-utc-plans-set-approval

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   1/8/2012

Subject: Carslberg Win for Caddick

Description: New Bottling Hall for Northampton Brewery

Caddick Construction has won a contract to design and build a £7.2m bottling hall at the company's headquarters in Northampton.Associated Link : www.insidermedia.com/insider/midlands/74545-

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   1/8/2012

Subject: Project Manager's Duty of Care

Description: Breach of Duty Caused Client Loss

The Technology and Construction Court has found project managers Turner and Townsend breached their duty of care to their client by failing to ensure that Kier entered into a formal contract with them and allowing the project to proceed on the basis of a letter of intent. Because of this, the client lost the right to impose liquidated damages on Kier for the delay.Associated Link : www.blissbooks.co.uk/news.php

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   31/7/2012

Subject: European Contractors Dominate Monorail Shortlist

Description: Shortlist Announced for Riyadh Monorail Project

Consortia led by France’s Vinci, Spain’s FCC and Austria’s Strabag are on the shortlistto submit proposals for the project. The UK's Serco, Mott MacDonald and Hyder form part of the shortlisted consortia.Associated Link : www.theconstructionindex.co.uk/news/view/european-teams-dominate-riyadh-monorail-shortlist

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   30/7/2012

Subject: £150m European Investment for 'Liverpool 2'

Description: European Investment Bank Cash Means Construction will Start in 2013

An inection of £150m from the European Investmen Bank means that work can begin on Port Seaforth early next year. The project is part of the Atlantic Gateway Scheme.Associated Link : www.insidermedia.com/insider/north-west/74410-atlantic-gateway-secures-150m-european-cash-boost

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   26/7/2012

Subject: £125m Investment for Birmingham's Enerprise Zone

Description: Plus £450m Redevelopment of Paradise Circus

The Greater Birmingham & Solihull Local Enterprise Partnership (LEP)has approved a £125 investment plan for Birmingham and Solihull. The first phase will include a £60m investment in infrastructure. The move follows Argent's outline planning application for the redevelopment of Birmingham's Paradise Circus at a cost of £450m.Associated Link : /www.insidermedia.com/insider/midlands/74256-125m-birmingham-enterprise-zone-investment-approved

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   23/7/2012

Subject: Pay-When-Paid Clause Falls Foul of the Construction Act

Description: Supplemental Clause Violated s.113

A clause in a supplemental agreement between the parties amended the standard JCT contract. The contractor's attempt to rely upon what amounted to a pay-when-paid clause in the supplemental agreement failed. Leadbitter had argued that clause 2.12 of the Supplemental Agreement was unlawful because of section 113(1) of the Housing Grants Construction and Regeneration Act 1996, which outlaws "pay-when-paid" or "pay-if-paid" clauses. The only two exceptions in that section- insolvency and PFI contracts- were not applicable in the present case. There was no dispute that the section did not apply to the Supplemental Agreement because it stated that it purported to vary the JCT contracts. Clause 2.1.2 of the Supplemental Agreement was, therefore, void, and Hygrove was liable to pay Leadbitter the sums sought even though, the employer, the Coastal Housing Group, had not paid sufficient funds into the account. Judgment was, however, set aside for 21 days to enable Hygrove to sort out the payments with Coastal.Associated Link : www.blissbooks.co.uk/Adjudication-Cases/c2419/index.html?osCsid=jc081515s8b30tuljoff138u97

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   23/7/2012

Subject: Inerserve Wins £160m Waste Treatment Plant

Description: Renewable Energy Centre for Glasgow

Interserve is to be Viridor's EPC contractor for the construction of a £160m waste plant in Glasgow. The project is, however, subject to planning permission being granted. Viridor hopes to obtain consent early next year. Associated Link : www.theconstructionindex.co.uk/news/view/interserve-to-build-160m-glasgow-waste-treatment-plant

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   19/7/2012

Subject: Scottish Power Selects Developer for new Glagow HQ

Description: Development will be on Elphinstone Tower Site

Scottish Power is expected to announce that the developer for its 220,000 sq ft headquarters in Glasgow will be a joint venture between Helical Bar and Dawn Developments. The headquarter building is to be developed on the former Elphinstone Tower site in Glasgow’s business district.Associated Link : www.propertyweek.com/news/news-by-region/scotland/developer-picked-for-giant-glasgow-scheme/5039975.article

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   18/7/2012

Subject: Pay When Paid Clause Falls Foul of the Construction Act

Description: Supplemental Agreement Provision "Unlawful"

A clause in a supplemental agreement between the parties amended the standard JCT contract. The contractor's attempt to rely upon what amounted to a pay-when-paid clause in the supplemental agreement failed. Associated Link : www.blissbooks.co.uk/news.php

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   18/7/2012

Subject: £80bn Stimulus Package for Construction

Description: Kick Start for Major Infrastructure Projects

The government has announced a £80bn package designed to stimulate the constructon industry. Part of this will be a UK guarantee designed to underwrite financing for £40bn of stalled projects within the National Infrastructure Plan. Associated Link : www.constructionenquirer.com/2012/07/18/osborne-kick-starts-major-projects-with-40bn-guarantee/

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   16/7/2012

Subject: Thames Water Unveils Plans for "Superswer"

Description: Plans Open to the Public

Thames Water has published its plans for its Tidesway Tunnel, a "supersewer" which is needed to help tackle increasing sewage pollution to the tidal River Thames. Twenty Four preferred sites have been identified, from Acton in the west to Abbey Mills in Stratford in the east. There the proposed 15-mile tunnel, the deepest and longest ever constructed in the capital, would join up with the Lee Tunnel, already under construction. Work is also under way to expand the capacity of the five sewage treatment works on the tidal River Thames, the tunnels’ purpose is to tackle the 39 million tonnes of untreated sewage that overflows into the river in a typical year when the capital’s Victorian sewerage network fills to capacity, sometimes after just 2mm of rainfall. Associated Link : www.thamestunnelconsultation.co.uk.

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   6/7/2012

Subject: Norfolk Wind Farms Receive Consent

Description: £3bn Investment

Two wind farms at Race Bank (580MW) and Dudgeon (560MW) in the Greater Wash have received government approval. The farms could generate enough electricity to power around 730,000 homes. The projects represent around £3bn of investment. A total of 6.6GW of offshore wind power is now either operational, under construction or consented in the UK.Associated Link : www.decc.gov.uk/en/content/cms/news/pn12_079/pn12_079.aspx

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   2/7/2012

Subject: Planning Approval for Devon Solar Farm

Description: Largest Farm in the UK

South Hams District Council has granted full planning approval for a 15.4 hectare solar power scheme near South Brent in South Devon which will have 27,924 photovoltaic (PV) panels over 5 interconnected fields. The developer is TGC Renewables.Associated Link : www.planningresource.co.uk/bulletin/environmentbulletin/article/1139052/plans-approved-uks-largest-solar-farm/

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   19/6/2012

Subject: £300m Investment in Greenwich Peninsula

Description: Hopes that the Investment will "Kick-Start" GPRL

Hong Kong company, Knight Dragon, has agreed conditionally agreed to buy 60% of Greenwich Peninsula Regeneration Limited (GPRL). In effect, Knight Dragon will be buying out Lend Lease.Associated Link : /www.regen.net/bulletin/regendaily/article/1136871/hong-kong-tycoon-announces-300million-investment-greenwich-peninsula/

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   19/6/2012

Subject: Masterplan for Manchester

Description: Fifteen Year Plan to Elevate Manchester to the Top Rank of Cities

Manchester has published its plans to take the city foward. Plans include 80,000 new residents, 60,000 new homes, skyscrapers and a redesigned city centre.Associated Link : menmedia.co.uk/manchestereveningnews/news/s/1581573_masterplan-to-take-manchester-into-the-future?s_cid=business%20bulletin-20120619%20(1276)

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   18/6/2012

Subject: Norfolk Straw Biomass Plant Approved

Description: Iceni Energy Scheme Approved

Breckland Council has approved plans for a 40MW straw-fuelled biomass power plant that it expects to help unlock a major growth area along the A11 corridor in Norfolk.Associated Link : /www.planningresource.co.uk/bulletin/environmentbulletin/article/1135916/norfolk-straw-fuel-power-plant-gets-green-light/

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   12/6/2012

Subject: Mock Adjudication: Covering the changes brought about by the Local Democracy, Economic Development and Construction Act 2009 and More

Description: A joint CPD Event with the CIOB

Presented by and Narrator – John Mason Contract Dispute Solutions Limited (CDSL)
Referring and Responding party solicitors – played by representatives of CDSL
Referring and Responding party clients – played by CIOB members
Adjudicator – Roger Knowles (QSi)

Date/Time: 11 October 2012
6pm to 7pm – Registration, Refreshments and Networking
7pm to 9pm – Mock Adjudication event

Location: Bootle Town Hall – Council Chambers Associated Link :

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   12/6/2012

Subject: Working in Australia and New Zealand

Description: Hay Recruitment

Based in London, the Globalink team at Hays Specialist Recruitment plc recruit construction candidates from the UK/Irish/European markets for clients in Australia and New Zealand. They currently have partnerships with several industry bodies across engineering and construction as well as government bodies from Australia and New Zealand. Associated Link :

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   30/5/2012

Subject: Qatar Earmarks QR62bn for Public Projects

Description: 27% Increase in State Revenue Expected in 2012

Qatar's the new budget has earmarked a whopping QR62bn for public projects- 25% of the total budget. After winning the competition to host the World Cup in 2022, Qatar had allocated a substantial amount of its annual budget in 2011-2012 fiscal for infrastructure expansion. Qatar plans to invest over QR130bn in 2011-2016 through its state-linked companies, including about QR100bn by Barwa Real Estate Company and Qatari Diar for residential and business construction projects.Associated Link : www.thepeninsulaqatar.com/business-news/195874-budget-earmarks-qr62bn-for-public-projects.html

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   30/5/2012

Subject: Contract Tender

Description: Cost Consultant Sought

The Southbank Centre is looking to appoint a Cost Consultant to work with the Ccient and design team for the next phase of the regeneration at Southbank Centre. The project is expected to include the refurbishment and enhancement of the enhancement of the 1960s building which houses the Queen Elizabeth Hall and the Hayward Gallery.Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:168457-2012:TEXT:EN:HTML&src=0

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   30/5/2012

Subject: Bartion Biomass Likely to Go Ahead

Description: Environment Agency Likely to Grant Planning Permission

The Environment Agency has said that it is "minded to give approval" to Peel Energy for a permit to run its proposed £70m energy-from-waste plant at Barton, which would be powered by burning waste wood. Associated Link : www.thebusinessdesk.com/northwest/news/328059-peel-likely-to-gain-permit-for-70m-barton-biomass-plant.html?news_section=4148

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   30/5/2012

Subject: Large Scale Development on the Cards for Birmingham

Description: Designers Appointed for Multi-Use Scheme

Developer Nikal has submitted a planning application for a multi-use scheme on a three acre site in central Birmingham.Associated Link : Lawww.thebusinessdesk.com/westmidlands/news/327703-masshouse-office-scheme-moves-a-step-closer.html?news_section=19011

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   23/5/2012

Subject: Do you have a contact in Saudi Arabia?

Description: Saudi Arabia

Does anyone have any contacts for a cost consultancy, contracts and claims consultancy or construction lawyers in Saudi Arabia please? If so, please contact Andy Hewitt at andy.hewitt@hewittconsultancy.com.Associated Link :

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   15/5/2012

Subject: Government Seeks New Construction Adviser

Description: Replacement for Paul Morrell

Paul Morrell is stepping down from his post as the government's Construction Adviser after two years in post.Associated Link : //news.bis.gov.uk/Press-Releases/Government-seeks-new-Chief-Construction-Adviser-67a15.aspx?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+bis-news+%28BIS+News%29

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   14/5/2012

Subject: Grontmij sells Trett to Driver

Description: Acquisition Increases Staff by 70

Grontmij has sold consulting business Trett to the Driver Group. Grontmij bought the non-core business in 2008.Associated Link : www.theconstructionindex.co.uk/news/view/grontmij-sells-trett-to-driver

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   10/5/2012

Subject: CIOB NW BBQ

Description: North West Networking Event

On Friday 6 July CIOB Liverpool Centre, with Women in Property, are playing host to a BBQ at the Maritime Museum, Albert Dock. All QSi members are invited to attend this important networking event.

The ticket price will be £25 (incl VAT) which includes all food and wine or soft drinks for the evening. To book your place please contact Katrina Percival, t: +44 (0) 845 070 6155 e: kpercival@ciob.org.uk Associated Link :

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   9/5/2012

Subject: New DOM/1 and DOM/2 Subcontracts Out this Month

Description: Subcontracts suitable for JCT 2011

The new editions of the DOM/1 and DOM/2 subcontracts are to be published this month. The new subcontracts will be compatible with the 2011 editions of the JCT Standard Building Contract and the JCT Design and Build Contract.Associated Link : www.blissbooks.co.uk/Contract-Shop-DOM-Subcontracts/c3091_3174/index.html

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   9/5/2012

Subject: South Wales Wind Farm Gets Approval

Description: Wind Farm Will Have the Largest Generating Capacity in England and Wales

The government has approved Vattenfall's Pen Y Cymoedd project, between Neath and Aberdare, which will have 76 turbines.Associated Link : www.theconstructionindex.co.uk/news/view/300m-welsh-wind-farm-approved

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   1/5/2012

Subject: JCT 2011 DOM/1 and DOM/2 Subcontracts to be Published

Description: Publication in May

New editions of the DOM/1 and DOM/2 subcontracts and articles of agreement are to be published this month. These have been updated to accompany the JCT Standard Form of Building Contract and the Design and Build Form.Associated Link : www.blissbooks.co.uk/Contract-Shop-DOM-Subcontracts/c3091_3174/index.html

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   23/4/2012

Subject: River Mersey Flood Protection Scheme Approved

Description: Flood Protection for 2,000 Homes and Businesses

Warrington Borough Council has approved an Environment Agency flood protection scheme which will involve the construction of walls and embankments along the river and its tributaries. Associated Link : www.planningresource.co.uk/bulletin/environmentbulletin/article/1128219/mersey-flood-protection-scheme-approved/

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   23/4/2012

Subject: Planning Approval for Buckingham Energy-to-Waste Plant

Description: Local Protests Fail

Buckinghamshire County Council has granted full planning approval an energy-from-waste facility at Greatmoor Farm, Calvert.Associated Link : www.planningresource.co.uk/bulletin/environmentbulletin/article/1128225/buckinghamshire-energy-from-waste-plant-approved/

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   4/4/2012

Subject: Scotland's Third Largest Wind Farm Approved

Description: Viking Wind Farm Will Power 175,000 Homes

The Scottish Energy Minister has approved the Viking wind farm on Shetland, which will power more than 175,000 homes and bring around £30 million annual income for the local community.Associated Link : www.scotland.gov.uk/News/Releases/2012/04/viking04042012

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   2/4/2012

Subject: Contractual Duty of Good Faith and Duty to Co-operate

Description: Compass Group UK and Ireland Ltd. (Trading as Medirest) v Mid Essex Hospital Services NHS Trust, [2012] EWHC 781 (QB)

There was a clause in the parties’ long term facilities management contract which obliged them to co-operate in good faith. When the relationship soured, both parties purported to terminate the contract. The court was called upon to consider the scope of the duties of good faith and co-operation in the contract.Associated Link : http://www.blissbooks.co.uk/news.php

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   2/4/2012

Subject: RIBA launches Contracts in Use and Legal Issues Survey

Description: Survey of Which Conracts are Being Used and Dispute Resolution

The Royal Institute of British Architects (RIBA) has launched a survey to gain a better understanding as to which construction contracts are being used and the contractual and dispute resolution issues that construction professionals face. The survey is in three parts: Procurement, Contractual Issues and Dispute Resolution.Associated Link : http://www.jctltd.co.uk/news.aspx?NewsArticleId=19

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   28/3/2012

Subject: Home Group Seeks Consultants

Description: Advert for Cost Consultants and Employer's Agents

The Home Group is advertising for a cost consultant, employer's agent and client representative for a framework in the Northern Region. Associated Link : ted.europa.eu/udl?uri=TED:NOTICE:99306-2012:TEXT:EN:HTML&src=0

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   26/3/2012

Subject: Claims Consultants and Legal Professional Privilege

Description: No Privilege Where no Legal Services Provided

The Technology and Construction Court has concluded that documents produced by a claims consultant do not attract legal professional privilege if they relate to work which was not legal advice. The burden was on the party seeking to rely upon legal professional privilege to establish the facts to support it. The defendants had failed to establish that the personnel involved were practising barristers or solicitors at the material time. Associated Link : www.blissbooks.co.uk/news.php

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   26/3/2012

Subject: European Ministers Reach Deal on £1.25 trillion European Transport Network

Description: Regulation Proposed to Streamline Cross Border Operations

European Transport Ministers have reached an agreement on plans to transform the existing national rail and road networks, airports and canals into a unified system to meet transport demands. Associated Link : www.theconstructionindex.co.uk/news/view/agreement-reached-on-125-trillion-european-transport-network

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   22/3/2012

Subject: Special Offer to QSi Members

Description: 200 Contractual Problems and their Solutions, 3rd edition- Roger Knowles

Special Offer to QSi Members

200 Contractual Problems and their Solutions, 3rd edition- Roger Knowles.


This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. The book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. Special Offer Price £62.00 if ordered before end April 2012. Please call BLISS Books on 01565 777234 quoting reference qsi200 to order or for more information. Associated Link : http://www.blissbooks.co.uk/

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   22/3/2012

Subject: £40m Expansion for Huddersfield Shopping Centre

Description: 600 jobs to be created

The owner of the Kingsgate Shopping Centre in Huddersfield as signed a Memorandum of Understanding with Kirklees Council to increase the centre by an additional 50%. Associated Link : www.thebusinessdesk.com/yorkshire/news/299589-mou-signed-for-shopping-centre-expansion.html?news_section=7

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   12/3/2012

Subject: E.ON Severnside Biomass Plant Approved

Description: Company Sets up a £50,000 Investment Fund

Plans by energy company E.ON UK for a biomass power station on dockside land in the Bristol area have been approved by ministers.Associated Link : planningresource.co.uk/bulletin/environmentbulletin/article/1121739/severnside-biomass-plant-wins-ministerial-approval/

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   9/3/2012

Subject: QSi 2nd Annual Conference

Description: Conference

Following the success of our 1st conference held last year, the QSi is pleased to announce that plans for its second annual conference are now underway.

We are planning to hold the event in the North West of England on 7 November 2012. The agenda for the day is curently under discussion and will include matters of contractual importance and contention. If you have any thoughts on items which you would like to see covered do let us know.

To register your interest in this event, please contact admin@theqsi.co.uk. Associated Link :

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   9/3/2012

Subject: 15% Discount on Construction Claims Distance Learning Course

Description: Hewitt Distance Learning Course - 15% for QSi Members

The QSi is pleased to announce that it has accredited the newly established Hewitt Construction Consultancy Distance Learning Course on Construction Claims.

Hewitt is offering a 15% discount on the course fee to the first 10 QSi members to enrol, in return for them providing feedback on the course.

To view full details of the course, please visit www.constructionclaimsclass.com. But hurry, only a few places remain at the reduced rate!Associated Link : www.constructionclaimsclass.com

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   9/3/2012

Subject: Upgrade Your Membership At No Extra Cost

Description: Membership Upgrades

For a limited period the QSi would like to offer you the chance to upgrade your QSi member for 1 year at the price of your existing membership, provided you meet the relevant criteria (which can be found on our website under the Join QSi tab and by opening the document at the top of that page entitled Notes for guidance).

Remember, if you have been a Member for more than 5 years, you will be automatically entitled to upgrade to Fellow.

If you would like to take up this offer, please forward your current CV to admin@theqsi.co.uk for assessment.

Associated Link :

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   6/3/2012

Subject: Scope of a QS' Duty to Arrange a Contractor's Performance Bond

Description: Court Decides that there was no Absolute Duty

Sweett acted as QS and employer's agent for Michael Wight Homes. Sweett sued for the payment of its fees. The issues between the parties concerned Sweett’s entitlement to fees, and its duties to MWH, particularly in relation to the provision of the performance bond. MWH argued that Sweett had been in breach of its duty to ensure that Diamond, the contractor, provided the bond. Associated Link : www.blissbooks.co.uk/news.php

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   27/2/2012

Subject: Proposal for North-South Water Pipeline

Description: Opportunity afford by HS2

United Utilities, the Northern utility company, is to put forward a proposal for a North-South pipeline to MPs in order to ease drought in the south of the country, which is expected to worsen in the years to come.Associated Link : www.thebusinessdesk.com/northwest/news/288198-uu-suggests-2.5bn-north-south-water-pipeline.html?utm_source=newsletter&utm_medium=email&utm_campaign=NorthWest_27th_Feb_2012_-_Daily_E-mail#

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   24/2/2012

Subject: Giant's Causeway Golf Resort Approved

Description: Bushmills Dunes Golf Resort was opposed by the National Trust

The proposed golf resort including 18-hole championship golf course, clubhouse, golf academy incorporating driving range, a three-hole practice facility, 120-bedroom hotel incorporating conference facilities and spa, 75 guest suites/lodges, and associated car parking, maintenance building and landscaping. Associated Link : www.planningportal.gov.uk/general/news/stories/2012/feb12/230212/230212_2

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   17/2/2012

Subject: Government Approves £128m Midland Metro Project

Description: Trams to Travel Directly to New Street Station

The government has given the go-ahead for the £128m extension to the Midland Metro Tram system. The Department for Transport will provide £75.4m towards total cost of the project, which is being led by public transport authority Centro in partnership with Birmingham City Council and the Black Country district authorities.
Contractors Balfour Beatty, Morgan Sindall and Thomas Vale are in contention for the works. Associated Link : www.thebusinessdesk.com/westmidlands/news/284633-128m-midland-metro-extension-on-track-after-government-green-light.html?utm_source=newsletter&utm_medium=email&utm_campaign=_17th_Feb_2012_-_Daily_E-mail

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   14/2/2012

Subject: Devon & Cornwall Branch FREE CPD event

Description: Adjudication and Payments Under The New Construction Act

TUESDAY 20TH MARCH 2011
At the Hayward Room, Duke of Cornwall Hotel, Millbay Rd., Plymouth, Devon
2.30-5.00pm
Speaker: MARK ENTWISTLE LLB(Hons), BTech, FRICS, FCIOB, FCIArb, DICArb, Barrister Chartered Surveyor, Arbitrator, Adjudicator, Mediator, Barrister
Bookings: To reserve places for yourself and your colleagues at this event, please email your details to admin@theqsi.co.uk Associated Link :

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   10/2/2012

Subject: National Audit Office Report Criticises PFI Equity Investment

Description: Public May be Paying Too Much for PFI Projects

Whilst Equity investors have helped to deliver many public sector infrastructure projects via the Private Finance Initiative and have managed them in ways from which the public sector can learn, evidence collated by the National Audit Office raises concern that the public sector is paying more than it should for equity investment.Associated Link : /www.nao.org.uk/publications/1012/equity_investment_in_pfi.aspx

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   9/2/2012

Subject: £300m Regeneration Scheme for Coventry

Description: Council Partners with Aviva

The blueprint for the redevelopment of the centre of Coventry has been released.Associated Link : www.thebusinessdesk.com/westmidlands/news/280681-cp-email-blueprint-launched-for-300m-coventry-regeneration-scheme.html?news_section=19011

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   6/2/2012

Subject: Government Issues Guidance to SMEs on Getting Paid

Description: Prompt Payment Essential for SME cash flow

The Government is urging businesses and public bodies to pay small businesses on time to ensure that they survive in the current recession. The Government has issued a "Getting Paid" Guide.Associated Link : www.bis.gov.uk/news/topstories/2012/Feb/Government-and-business-press-for-prompt-payment

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   2/2/2012

Subject: JCT Issues Named Specialist Contract Amendment

Description: Amendment to All Versions of the JCT 2011 Standard Building Contract

Today, 2nd February, the JCT has issued an amendment to the JCT SBC/Q, SBC/XQ and SBC/AQ, updating them to include Named Specialists.Associated Link : www.blissbooks.co.uk/images/Named%20Specialist%20Update%20for%20SBC2011%20Feb2012.pdf

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   31/1/2012

Subject: Another Frolic

Description: Adjudicator's Decision not Enforced

The TCC has refused to enforce an adjudicator's award because the adjudicator had adopted his own method of assessing the final account without giving the parties the opportunity to comment upon it.Associated Link : www.blissbooks.co.uk/news.php

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   31/1/2012

Subject: Dispute Boards and their added value to construction projects

Description: Half Day Seminar

We are pleased to work in conjunction with Hewitt Construction Consultancy to offer 2 half day events to be held in April in Dubai and Abu Dhabi.

For further information please visit http://www.constructionclaimsclass.com/claimsclass-seminars.phpAssociated Link : www.constructionclaimsclass,com/clamsclass-seminars.php

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   27/1/2012

Subject: £130m Hull Biomass Plant Plans Announced

Description: Planning Application to be Submitted by April

Power company, Real Ventures, has announced plans for a biomass plant at Queen Elizabeth which would burn wood shipped from overseas to provide green electricity and reduce carbon emissions by 190,000 tonnes a year. Associated Link : www.ukti.gov.uk/uktihome/item/250260.html

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   23/1/2012

Subject: No Such Thing as a Freebie

Description: Adjudicator Breached Natural Justice by Seeking Informal Advice from Counsel

The Court of Session has ruled that an adjudicator breached the rules of natural justice by seeking what he called was "confirmation" of his own view from counsel without informing the parties or giving them the opportunity to comment. The issue had been central to his decision, and although he had not asked for legal advice, only a "freebie" telephone conversation which had lasted only minutes, there had still been a breach.Associated Link : www.blissbooks.co.uk/news.php

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   23/1/2012

Subject: Marine Energy PPP Unveils Plans for the South West

Description: Parthership Will Collaborate on Developing Wave and Tidal Energy

The South West Marine Energy Park is a consortium of councils, local enterprise partnerships, universities, power businesses and the Crown Estate who will collaborate on further development of wave and tidal energy across an area stretching from Cornwall to Bristol. Falmouth, Portsmouth and Bristol have been identified as hub ports.Associated Link : www.planningresource.co.uk/bulletin/environmentbulletin/article/1113323/south-west-partners-unveil-marine-energy-ambitions/

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   21/1/2012

Subject: No Such Thing as a "Freebie"

Description: Free Advice Renders Adjudication Decision Unenforceable

The Court of Session has ruled that an adjudicator breached the rules of natural justice by seeking what he called was "confirmation" of his own view from counsel without informing the parties or giving them the opportunity to comment. The issue had been central to his decision, and although he had not asked for legal advice, only a "freebie" telephone conversation which had lasted only minutes, there had still been a breach.Associated Link : www.blissbooks.co.uk/news.php

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   19/1/2012

Subject: Opportunity for UK Consultants

Description: Boston City Redevelopment Consulting Project

The Boston city redevelopment project represents a potential opportunity for UK consulting companies with expertise in construction and project/cost management.Associated Link : www.ukti.gov.uk/uktihome/item/243460.html

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   18/1/2012

Subject: CPD Event

Description: Devon & Cornwall Branch CPD Event

Adjudication and Payments under the New Construction Act – Update since 1 Oct 2011
Date: 20 March 2012
Location: Duke of Cornwall Hotel, Plymouth
Cost: Free of Charge


Further information from admin@theqsi.co.ukAssociated Link :

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   3/1/2012

Subject: Carillion Wins M6 Managed Contract

Description: £104.9m Contract to Transform Junctions 5-8

Carillion has been awarded a £104.9m contract to transform a problem section of the M6 in Birmingham into a managed motorway. Carillion will use a combination of methods to improve traffic flow on a problem section of the M6 in Birmingham between Junctions 5 and 8. Associated Link : www.thebusinessdesk.com/westmidlands/news/264738-carillion-wins-m6-managed-motorway-contract.html?news_section=28388

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   21/12/2011

Subject: Consultation on European ADR Proposals Published

Description: BIS Publishes Consultation

On 29 November 2011 the European Commission published a Communication on Alternative Dispute Resolution for consumer disputes in the Single Market alongside legislative proposals for a draft Directive on ADR and a draft Regulation on ODR, Online Dispute Resolution. The Department for Business, Information and Skills, BIS, has published a Consultation Document for interested parties to comment.Associated Link : www.bis.gov.uk/Consultations/call-for-evidence-eu-proposals-dispute-resolution?cat=open

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   21/12/2011

Subject: ADR: Call for Evidence on EU Proposals

Description: BIS Publishes Consultation

On 29 November 2011 the European Commission published a Communication on Alternative Dispute Resolution for consumer disputes in the Single Market alongside legislative proposals for a draft Directive on ADR and a draft Regulation on ODR, Online Dispute Resolution. The Department for Business, Information and Skills, BIS, has published a Consultation Document for interested parties to comment.Associated Link : www.bis.gov.uk/Consultations/call-for-evidence-eu-proposals-dispute-resolution?cat=open

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   21/12/2011

Subject: Work Starts on Forth Replacement Crossing

Description: Bridge Will be a Boost to the Economy, Says Government

The Forth Replacement Crossing (FRC) project is delivering a significant boost to the Scottish construction sector, with over £20 million worth of sub-contracts now awarded to 118 Scottish firms. In addition, 134 sub-contracts on the project are currently being advertised presenting the industry with further opportunities. The total estimated cost of the FRC project, including VAT, allowing for inflation, is expected to be between £1.45 and £1.6 billion.Associated Link :

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   21/12/2011

Subject: Work Starts on Forth Replacement Crossing

Description: Bridge Will be a Boost to the Economy, Says Government

The Forth Replacement Crossing (FRC) project is delivering a significant boost to the Scottish construction sector, with over £20 million worth of sub-contracts now awarded to 118 Scottish firms. In addition, 134 sub-contracts on the project are currently being advertised presenting the industry with further opportunities. The total estimated cost of the FRC project, including VAT, allowing for inflation, is expected to be between £1.45and £1.6 billionAssociated Link :

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   15/12/2011

Subject: E.ON announces £736m plan for Humber Gateway offshore wind farm

Description: Completion by Spring 2015

E.On has announced that it is to build a 73 turbine wind farm off the East Yorkshire coast. The Humber Gateway will generate up to 219MW of electricity, enough energy to power up to 170,000 homes. The project aims to create up to 1,000 jobs during construction and a further 30 roles to operate and maintain the wind farm when it is operational.Associated Link :

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   15/12/2011

Subject: Balfour Beatty Preferred Bidder for £500 million Gloucestershire Residual Waste Project

Description: Joint Venture with Urbaser

Balfour Beatty announced today that it is that it has been appointed preferred bidder for the £500 million Gloucestershire Residual Waste Project in joint venture with Urbaser. The 28-year PPP project involves the design, build and operation of an energy-from-waste facility for Gloucestershire County Council.The project will be undertaken by a 30/70 joint venture between Balfour Beatty and Urbaser. Balfour Beatty will be involved in the design and construction of the facility, following which the facility will be commissioned and handed over to Urbaser to operate from late 2015 onwards. Associated Link :

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   15/12/2011

Subject: Mixed Use Scheme for Lambeth Submitted

Description: Scheme Includes Shops

CLS Holdings has submitted a planning application to the London Borough of Lambeth for a mixed-use scheme in Vauxhall that includes proposals for more than 1,000 homes as well as shops, restaurants and office space. Associated Link : www.planningresource.co.uk/bulletin/planningdaily/article/1109352/plans-submitted-1000-home-lambeth-scheme/

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   11/12/2011

Subject: Contracts in Writing and Adjudication Nominating Bodies

Description: New Adjudication Enforcement Decision

The Scheme for Construction Contracts prohibits one of the contracting parties from being an adjudication nominating body. In Sprunt Ltd. v London Borough of Camden,[2011] EWHC 3191 (TCC), there was also an issue about whether the parties' contract was "in writing" for the purposes of the Housing Grants, Construction and Regeneration Act 1996 s.107. Associated Link : www.blissbooks.co.uk/news.php

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   9/12/2011

Subject: RICS Calls in Legal Firm to Investigate Conflict of Interest Claims

Description: Alleged Misuse of Internal Information

The Royal Institution of Chartered Surveyors, RICS, has appointed Field Fisher Waterhouse to invesigate the possible misues of internal information on the First4ADR website. Two members of staff have already left the RICS over the claims.Associated Link : www.building.co.uk/rics-calls-in-law-firm-to-examine-conflict-of-interest/5028999.article

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   8/12/2011

Subject: Revisions to the New Construction Act

Description: A joint CPD event with the CIOB Kent Centre - 17 January 2012

Revisions to the Construction Act are now in place and problems are arising. The introduction of the changes to the Housing Grants Construction and Regeneration Act 1996 (the Construction Act) came into force on 1 October 2011. These changes have had a huge impact on the management of payments and adjudications. Everyone involved in the construction industry needs to act now to ensure they are familiar with how the key changes will affect their business.Associated Link : http://www.ciob.org.uk/events/revisions-construction-act-are-now-place-and-problems-are-arising

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   8/12/2011

Subject: What, No Rammed Earth?

Description: A Joint CPD Event with CIOB Kent Centre - 21 February 2012

Constructing UK's greenest education building. Not all the materials used for the SusCon building are what you might expect for the UK’s greenest education building. But, when it comes to meeting the latest sustainability guideline of reducing embodied energy, the answers aren’t so clear cut. James Nicholls from Stephen George & Partners, architects, will explain the reasoning behind decisions made during construction of this BREEAM Outstanding Education Building. SusCon is a sustainable construction training and research centre located at The Bridge in Dartford. It is pioneering a new approach to sustainable construction learning designed to help us meet the challenges of a greener future. It offers accredited courses for those already working in the construction industry as well as for those seeking new opportunities.Associated Link : http://www.ciob.org.uk/events/what-no-rammed-earth-constructing-uks-greenest-education-building

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   8/12/2011

Subject: Free CPD Event - Plymouth

Description: ADJUDUCATION AND PAYMENTS UNDER THE NEW CONSTRUCTION ACT - Update since October 1st 2011

A free seminar will be held in Plymouth on 20 March 2012, commencing at 2.30 pm. The Speaker will be MARK ENTWISTLE LLB(Hons), BTech, FRICS, FCIOB, FCIArb, DICArb, Barrister Chartered Surveyor, Arbitrator, Adjudicator, Mediator, Barrister. To book places for you and your colleagues, please email admin@theqsi.co.uk Associated Link :

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   2/12/2011

Subject: Hyder Wins Major Qatari Contract

Description: Largest Desgn Contract for the Company

Hyder has announced that it has won the largest design contract in its history and the largest awarded by the lic Works Authority ‘Ashghal’ office in Doha. The five year framework is for consultancy and engineering services for local roads and drainage projects.Associated Link : www.hyderconsulting.com/en/aboutus/news/Pages/displayarticle.aspx?pageid=306

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   28/11/2011

Subject: Ask an Expert - 10% discount for all QSi members

Description: Ask an Expert - 10% discount for all QSi members

The QSi is pleased to announce that it has negotiated with Ask an Expert a 10% discount on all fees. Read on to find out more about the service:

Ask an Expert
Prompt Online Contractual and Claims Advice


• Do you have a contractual problem?
• Would you like an interpretation of the provisions of a contract?
• Do you think you may have entitlement for a claim?
• Have you received a claim and are unsure of its merits or how to proceed?
• Do you need to compose or respond to a contractual letter?
• Would you a like claim which you have prepared to be reviewed before submittal?

If so, we can help, and in these days of global communications, a fast and economical solution could be just a couple of mouse clicks away. Simply visit our webpage and complete the short online enquiry form, without obligation:

www.hewittconstructionconsultancy.com/#!ask-an-expert

If you are not completely satisfied, we will refund your payment in full. Associated Link : http://www.hewittconstructionconsultancy.com/#!ask-an-expert

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   28/11/2011

Subject: QSi Conference 2012

Description: QSi Conference 2012

Following the success of the recent QSi conference held in October, we are now busy planning our 2012 event, which promises to be even bigger and better. We believe we are the only organisation providing such a major event specifically aimed at quantity surveyors. If you and your colleagues would like to be kept informed of the details of this and similar events, such as our regional CPD programme, please submit your email address to admin@theqsi.co.uk. Associated Link :

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   23/11/2011

Subject: 2012 Conference

Description: 2012 Conference

Announcement from QSi
- Quantity Surveyors International
Following the success of the recent First QSi Annual Conference, the General Council is keen to obtain your opinion in order for us to plan our 2012 UK conference.
We would be very grateful if you could spare just a couple of minutes to answer a few short questions in the attached survey. Please click on the link to open the survey or cut and paste the link:
http://www.surveymonkey.com/s/8NY3W2P
Want to follow us on twitter - @theqsi
Associated Link :

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   21/11/2011

Subject: Government to Put £50bn of Contracts Online

Description: Reform of Government Procurement Promised

Cabinet Office minister Francis Maude is to revise government procurement to encourage more British firms to tender for lucrative contracts. Some of the proposed changes include putting £50bn-worth of contracts online and making it quicker to go business with the government.Associated Link : www.theconstructionindex.co.uk/news/construction-news/maude-to-put-50bn-of-government-contracts-online

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   10/11/2011

Subject: Manchester Airport City will Go Ahead Pledges Cornish

Description: Project Not Dependent upon Infrastructure Funding

The Chief executive of Machester Airport, Charlie Cornish, has said that Airport City will go ahead despite losing out on regional growth funding. Mr. Cornish said that the most important thing was to agree the boundaries of the proposed site with central government.Associated Link : www.thebusinessdesk.com/northwest/news/242859-prop-airport-city-on-site-within-12-months-says-cornish.html?news_section=4150

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   1/11/2011

Subject: Scottish Plans to Use Tax Incremental Financing to Boost Funding for Construction

Description: Three Councils to Develop Business Cases with the Scottish Futures Trust

The Scottish Government has given approval to Falkirk, Fife and Argyll and Bute Councils to develop proposals under the Tax Incremental Financing (TIF) model to fund infrastructure projects. The councils plan to fund infrastructure projects by borrowing against the future business rate income that should be generated by the resulting development.Associated Link : www.scotland.gov.uk/News/Releases/2011/11/01143027

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   31/10/2011

Subject: Adjudicator Still Entitled to Fees Even Though There was a Breach of Natural Justice

Description: Not a Total Failure of Consideration

P. C. Harrington claimed that it was not liable to pay an adjudicator's fees becasuse there had been a "total failure of consideration". The adjudicator's decision had not been enforced beccause he had fallen below the standards required. The court set out the circumstances when a total failure of consideration could occur, commenting that it would be more difficult to apply the doctrine of total failure of consideration to a contract for the provision of services, and that difficulty applied not so much as a matter of construction of the contract but as a matter of fact. Associated Link : http://www.blissbooks.co.uk/news.php

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   24/10/2011

Subject: Libya's National Transitional Council Asks UK Firms to Help Rebuild Country

Description: UKTI Will Double Presence in Libya

PA Consulting has been retained by the UK's Trade Investment (UKTI) to asseess opportunities in the country. It says that the NTC is seeking firms to rebuild Tripoli airport and a large hospital in MisrataAssociated Link : http://www.building.co.uk/5026602.article?origin=bldgbreakingnewsletter

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   21/10/2011

Subject: Turner and Townsend Buys Ferzan Robbins & Associates

Description: T&T Acquires US Project Manager

Turner and Townsend has bought American project managers Ferzan Robbins & Associates as part of its American expansion plans. Ferzan Robbins has participated in several high-profile projects, including the renovation of the Waldorf-Astoria in New York, and for clients including Bloomberg, Société Générale and MTV. Associated Link : http://www.building.co.uk/5026592.article?origin=bldgbreakingnewsletter

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   20/10/2011

Subject: Public Sector Cuts Cause More Redundancies

Description: BDP to Lose 100 jobs

A combination of cuts in public sector spending and a delay on one of its largest projects has led the UK's largest architect BDP to axe 100 jobs.Associated Link : http://www.building.co.uk/5026362.article?origin=bldgbreakingnewsletter

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   19/10/2011

Subject: Arcadis Buys E. C. Harris

Description: Dutch Company Seeks Diversification

Dutch engineers Arcadis are to buy E. C. Harris according to Reuters.Associated Link : http://www.theconstructionindex.co.uk/news/construction-news/dutch-engineer-arcadis-buys-ec-harris

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   8/10/2011

Subject: QSi Conference - 4 October 2011

Description: QSi Conference

The QSi conference held in London earlier this week, was a great success. The day was made memorable by a number of excellent speakers covering a range of current topics, together with some interesting sponsor stands and networking opportunities. The delegates left feeling it was a day well spent. Many thanks to all our members who took time to attend, we hope to see you again next year.Associated Link :

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   31/8/2011

Subject: Infrastructure Supply Chains: Barriers and Opportunities

Description: BIS Research Report Published

The research report explores the experiences of firms in the infrastructure supply chain in accessing finance, innovative technologies and skills. It identifies several examples of good practice, both in supply chain relationships and in policies that were considered by business to offer long term certainty and consistency that would underpin investment.Associated Link : bis.gov.uk/assets/biscore/corporate/docs/i/11-1058-infrastructure-supply-chains-barriers-opportunities

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   30/8/2011

Subject: Transport Scotland to Withhold Edinburgh Tram Funding

Description: £72m to Be Kept Back

Transport Scotland has written to the City of Edinburgh Council informint it that it intends to withhold £72m of the promised funding because of the Council's decision to take the tram only as far as Haymarket. Finance Secretary John Swinney said that it was time for the Council to "think long and hard" about where it was going with the project which has run into delay and cost overruns.Associated Link :

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   30/8/2011

Subject: Contract Notice

Description: Quantity Surveying Services: Ireland

The Commissioners of Public Works in Ireland are looking to appoint quantity surveyors for works on the historic court house building in Waterford. Associated Link : www.etenders.gov.ie/Search/show/Search_View.aspx?ID=AUG259295

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   20/8/2011

Subject: QSi Membership drive - FREE QSi membership!

Description: QSi Membership drive - FREE QSi membership!

PASS THE MESSAGE ON -
The QSi is pleased to offer 1 year's free membership to eligible attendees at the 4th October conference.

THIS IS PART OF OUR MEMBERSHIP DRIVE - PASS THE MESSAGE ON

This offer is open to anyone with the necessary experience and/or qualifications who is not already a QSi member. Associated Link : http://www.theqsi.co.uk/seminars.asp

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   17/8/2011

Subject: JCT 2011 Publication Date Confirmed

Description: Publication Will be On 9 September

The publication date for the JCT 2011 contracts has just been confirmed as being the 9 September. Implementation appears on track for the 1st of October 2011. BLISS Books is offering a 10% discount on JCT 2011 orders placed before 31 August 2011. A complete list of the contracts can be found on their website by clicking on the link below.Associated Link : /www.blissbooks.co.uk/images/JCT2011ContractsList.pdf

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   17/8/2011

Subject: Interserve Wins £10m Contract

Description: One of Europe's Largest Energy-from-Waste Plants

Interserve has won a £10 million contract to provide mechanical and process engineering services to install major equipment items at one of the largest energy-from-waste plants under construction in Europe.
Working for Engineering, Procurement and Construction contractor Keppel Seghers, Interserve will deliver access and mechanical services during phase one of this two-phase project in Runcorn, Cheshire.
The company is also providing other works up to the value of £4 million for the client including access and scaffolding services along with formwork and falsework to the Project - through its Equipment Services division, RMD Kwikform.
The energy-from-waste plant will include a combined heat and power plant capable of processing 420,000 tonnes per year of solid recovered fuel derived from household waste. At full capacity it will be able to supply 270,000 MWh of electricity and 500,000 tonnes of steam per year. Associated Link :

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   15/8/2011

Subject: QSi Conference - 7 hours CPD

Description: The Future Role of the QS in a Green Environment

Join us at our conference to be held in London on 4 October and you will earn yourself 7 hours' CPD.

Subjects to be covered include:
- Role of the Employer's Agent
- QS Software
- Procurement
- the Cost of BREEAM
- Future Insurance Risks
- Carbon Reduction Costing
Dispute Resolution

Plus there will be plenty of opportunity to network with your fellow delegates and with our trade stands which include Howdens Insurance Brokers; Pinnacle Environmental Ltd; Masterbill and Franklin and AndrewsAssociated Link : www.theqsi.co.uk/seminars.asp

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   3/8/2011

Subject: Balfour Beatty reaches financial close on Northamptonshire street lighting PPP contract

Description: £230m Contract

Balfour Beatty has announced today that it has reached financial close of a £230m street lighting contract in Northamptonshire. The 25-year concession will involve the design, installation and maintenance of about 46,000 street lights which includes approximately 34,000 new street lighting columns, and 11,000 signs and bollards during a five-year capital investment period, as well as the ongoing maintenance of all existing and new equipment.Associated Link :

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   2/8/2011

Subject: ICE Contract Replacements Published

Description: ICC is Construction Act compliant

The Association of Consulting Engineers and the Civil Engineering Contractors Association has publihsed the new suite of Infrastructure Conditions of Contract, which replace the Institution of Civil Engineers family.Associated Link : www.blissbooks.co.uk/Contract-Shop-Infrastructure-Conditions-of-Contract/c2437_2956/index.html

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   29/7/2011

Subject: Contract Opportunity

Description: Project Managers and Quantity Surveyors

Fylde Borough Council is advertising a contract for project managers and quantity surveyors for the refurbishment of the Town Hall in Lytham St. Annes.Associated Link : https://www.thechest.nwce.gov.uk/procontract/supplier.nsf/frm_opportunity?openForm&contract_id=CONTRACT-NWCE-8K82DE&opp_id=OPP-HIS-NWCE-8K83AX&search_id=&org_id=ORG-NWCE-7UFL4V&from=supplier_home

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   23/7/2011

Subject: QSi EVENTS - London, Glasgow, Liverpool, Plymouth, Wolverhamption

Description: QSi EVENTS - London, Glasgow, Liverpool, Plymouth, Wolverhamption

QSi EVENTS - London, Glasgow, Liverpool, Plymouth, Wolverhamption
The QSi are running the following events:- LONDON 4th October 2011
"The Future Role of the QS in a Green Environment". - 4th October 2011 - 7 hours CPD http://www.theqsi.co.uk/seminars.asp
QSi members should log onto the main QSi website and then go to semilars to obtain discount.
CIOB, ABE and APM members can obtain special rates by contacting suzanne@hartevents.co.uk QSi Branch news
GLASGOW 8 September - Roger Knowles to give a talk on the NEC in Glasgow CPD event email suzanne@hartevents.co.uk for full details
LIVERPOOL - 8 September - a talk and tour of Liverpool Central Library -joint CIOB event details at http://www.ciob.org.uk/events/talk-tour-liverpool-central-library-shepherd-construction) CPD event please email suzanne@hartevents.co.uk if you wish to attend.
PLYMOUTH - 20 September - Neil Caddy to give a talk on CDM Update CPD event email suzanne@hartevents.co.uk for full details
WOLVERHAMPTON - 16 October - Roger Knowles to talk at the University of Wolverhampton - (topic TBC) CPD event email suzanne@hartevents.co.uk for full details
Additionally, Roger is also running in-house courses on the Bribery Act for anyone who is interested on a nationwide basis. email suzanne@hartevents.co.uk for full details
We would be most grateful if you could circulate this information to anyone you feel it appropriate.
. Associated Link :

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   22/7/2011

Subject: Without Prejudice Material and Adjudication

Description: Adjudicator's Decision Based on Without Prejudice Material will not be Enforced

The Technology and Construction Court has ruled that an adjudication decision based on without prejudice material will not be enforced by the courts. When "without prejudice" communications are presented in court, because judges are legally qualified, they can usually put them out of their mind. In adjudication, however, because most adjudicators are not legally qualified, there is a sense of "unease" that such material might influence the adjudicator. For this reason, without prejudice communications should not be put before an adjudicator, and lawyers who do so may face professional disciplinary action.Associated Link : www.blissbooks.co.uk/news.php

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   19/7/2011

Subject: Government Promises £22bn Construction Spend

Description: Public Projects to be Announced Later in the Year

Speaking at the Construction Procurement Conference, the Minister for the Cabinet Office, Francis Mause, said that £22bn will be spent on government projects over the next three years. Confirmation of the figure and the projects will be made in the Autumn.Associated Link : www.cnplus.co.uk/8617453.article

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   19/7/2011

Subject: Consultancy and Project Management Services

Description: Development of Convention Centre in India

The State of Karnataka is planning the construction of an international convention centre complex, and is looking to appoint consultants, project managers and designers.Associated Link : www.ukti.gov.uk/uktihome/item/168040.html

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   14/7/2011

Subject: Highways JV Sues Project Manager Over Bribery Claims

Description: Allegations of Bribes in Exchange for Subcontracts

A-One+, the highways maintenance joint venture, is suing a former senior project manager, Jason Dickinson, alleging that he took bribes from a subcontractor, CSS Construction, in exchange for awarding subcontracts as part of the £275 million Area 10 Managing Agent Contract with the Highways Agency. The joint venture, which is made up of Colas, Halcrow and Costain, is seeking damages of £163,000 from Mr. Dickinson.Associated Link : www.cnplus.co.uk/8617294.article

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   13/7/2011

Subject: Proposals for £110bn Spend on Energy Projects

Description: Government White Paper

The publication of a government white paper on proposals to spend £100bn on the UK's energy infrastructure paves the way for the required legislation.Associated Link : www.theconstructionindex.co.uk/news/construction-news/white-paper-prepares-way-for-110bn-energy-infrastructure-investment

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   12/7/2011

Subject: Dissenting Party Still Liable for Adjudicator's Fees

Description: Adjudictor's Fees had been Reasonable

A party who disagreed with the amount of fees charged by an adjudicator was still liable to pay them. By taking part in the adjudication, it was taken that they had agreed to the fees. As long as the hourly rate claimed by an adjudicator is not clearly outside an overall band of reasonableness, there would be no basis to interfere. Associated Link : www.blissbooks.co.uk/news.php

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   10/7/2011

Subject: The early bird gets the cheap ticket - Don't miss out

Description: The early bird gets the cheap ticket - Don't miss out

The Future Role of the QS in a Green Environment Come and join us for a Conference and Networking event that will focus on key industry issues for all involved in Building and Quantity Surveying. For full details go to the link below. http://www.theqsi.co.uk/seminars.asp We are also looking for sponsors. Want to get your name in front of specifiers. This is your chance. Associated Link : http://www.theqsi.co.uk/seminars.asp

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   8/7/2011

Subject: CDM Update

Description: Plymouth 20 September 2011

Venue: The Duke of Cornwall Hotel, Plymouth
Visitors please park in the Hotel car park to the rear of the building. There is also street parking adjacent to the car park. Entrance is from the car park to the rear or from the main entrance at the front of the Hotel.

Start Time: 3.00 pm
[Approximately 1 hr duration including a 15 min questions/ answers session at the end]

Subject: CDM UPDATE
Explaining the roles of the Professionals under the new regulations in 2007 and discussing the changes to be made in the near future.
v Speaker: Neil Caddy CMIOSH MIIRSM RMaPS ICOB
Neil is a director and founder of JNC Safety Services Ltd. of Truro, Cornwall. He has been in the construction health and safety industry since 1973 and has been involved with many prestigious projects throughout the country. Neil is also a NEBOSH examiner.

The event is free of charge
To register to attend the event please email admin@theqsi.co.uk or Michael O’Shaughnessy MA FQSI MCIArb FFB [Devon Branch Secretary] mdostjames@aol.com tel: 01752 228808 / 07966 442271 Associated Link :

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   8/7/2011

Subject: NEC - Is It All It's Made Out To Be?

Description: Glasgow - 8 September 2011

This event for which there will be no charge will qualify for 2hrs CPD and will be held at Glasgow Caledonian University commencing 5.30pm for 6.00pm on Thursday 8th September 2011. Invitation is also extended to members of CIOB. We are fortunate indeed in having Roger Knowles as speaker for our first ever Scottish Branch CPD Event.

Roger Knowles’ subject is entitled: “NEC3 - Is it All it is Made Out to Be?” The chosen subject is very relevant to the trends of current thinking in relation to many of the Standard Forms of Contract. Roger Knowles’ article published very recently in the June 2011 edition of the Project Scotland Magazine refers to the Latham Report and to the concept of ‘Winds of Change blowing through Procurement’. This Seminar will provide useful background in preparation for what is very likely to lie ahead of us as practising Quantity Surveyors in the not too distant future.

Booking applications (stating names and the number of places required) should be made either to admin@theqsi.co.uk or to qsconsult@fsmail.net. On receipt of applications directions regarding location, parking, transport facilities etc will be issued along with confirmation of receipt of booking. Associated Link :

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   7/7/2011

Subject: Commencement Order for New "Scheme" Published

Description: Construction Act Amendments to Come into Force

A Commencement Order for the Local Demoracy, Economic Development and Construction Act has been published. This means that the changes to the Housing Grants, Construction and Regeneration Act and the Scheme for Construction Contracts will come into force on 1 October 2011.Associated Link : www.legislation.gov.uk/uksi/2011/1582/made/data.pdf

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   29/6/2011

Subject: £100m North Lincolnshire Development Approved

Description: One of the UK's Biggest Port-Related Developments

North Lincolnshire Council has granted Able UK planning permission for the construction of the £100m South Humber Gateway. The 1,000 acre site will includetransport depots, a business park, a motel and energy developments.Associated Link : ww.theconstructionindex.co.uk/news/construction-news/north-lincs-council-approves-100m-development

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   27/6/2011

Subject: Save on "New Aspects of Quantity Surveying Practice"

Description: New edition Published

Duncan Cartlidge wrote the first edition of this book, to address the changing role of the QS in the twenty-first century. As we enter the second decade of the twenty-first century, the pressure on the QS profession continue to change and evolve and so this third edition includes new chapters to help students and professionals deal with the new issues they face. Key areas for new coverage include: - the RICS New Rules of Measurement (NRM) - the increasing importance of sustainability in the built environment - new pressures for ethical standards in the QS profession. Alongside these new issues, the chapters addressing issues such as procurement, IT, global markets and adding value have been updated to reflect changes in practice since the second edition. With an emphasis on current practice, you will find this book an indispensible guide as you embark on your career in quantity surveying.Associated Link : www.blissbooks.co.uk/p192317/New-Aspects-of-Quantity-Surveying-Practice,-2nd-edition/product_info.html

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   24/6/2011

Subject: Rise of the machines ...

Description: BIM v QS

The government has said that all government projects will be using Building Information Modelling (BIM) within five years. The article reports on the potential effect for quantity surveyors.Associated Link : www.building.co.uk/qs/rise-of-the-machines-bim-and-qss/5019945.article

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   23/6/2011

Subject: Eight Nuclear Sites to be Confirmed

Description: Annoucement from Energy Secretary Due Today

Energy secretary Chris Huhne is to confirm today that the Government wants to go ahead with new nuclear power stations at eight sites. This announcement will be accompanied by the publication of a national policy statement for nuclear energy.Associated Link : http://www.constructionenquirer.com/2011/06/23/government-confirms-eight-nuclear-power-sites/?utm_source=Newsletter+subscribers&utm_campaign=0ddb9134ef-Newsletter_Template+06_23_2011&utm_medium=email

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   20/6/2011

Subject: Withholding Certificates and Counterclaims

Description: Sum Certified is "Sum Due"

The amount stated in the certificate as due was a “sum due” under the contract and the employer must pay that sum on the date specified unless he has issued an appropriate withholding notice in time.
The court has held that an adjudicator had been wrong not to consider a party's counterclaim because it had not issued a withholding notice against an interim certificate. However, he would only be able to consider counterclaims which did not relate to the interim certificate itself.Associated Link : www.blissbooks.co.uk/news.php

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   14/6/2011

Subject: Transport for Greater Manchester Looks for New Consultants

Description: Framwowk Expected to be Worth £80m

Transport for Greater Manchester is renewing its professional services framework for the next four years with work on offer in more than 20 disciplines.Associated Link : //www.placenorthwest.co.uk/news/archive/9277-tfgm-framework-could-reach-80m.html

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   8/6/2011

Subject: Companies Held Liable for Consequential Loss

Description: Network Rail's Loss due to Disruption to Services Foreseeable

Two companies have been found liable for the financial loss suffered by Network Rail when its apparatus was damaged due to the negligence of their drivers. The damage caused disruption to the rail service and made Network Rail liable to the Train Operating Companies under their Track Agreements. The companies were held to be liable for that financial loss.Associated Link : http://www.blissbooks.co.uk/news.php

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   8/6/2011

Subject: Co-Operative bank gives £5m funding boost to Birmingham University scheme

Description: Boost to Scheme

The Co-Operative Bank’s Birmingham corporate banking centre has teamed up with the Newman University College, based in Bartley Green, to help fund a new library and entrance building, performance hub and family research centre.Associated Link : http://www.propertyweek.com/5019490.article?origin=PWdailynews

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   4/6/2011

Subject: The early bird gets the cheap ticket - Don't miss out

Description: The early bird gets the cheap ticket - Don't miss out

The Future Role of the QS in a Green Environment Come and join us for a Conference and Networking event that will focus on key industry issues for all involved in Building and Quantity Surveying. For full details go to the link below. http://www.theqsi.co.uk/seminars.asp We are also looking for sponsors. Want to get your name in front of specifiers. This is your chance. Associated Link : http://www.theqsi.co.uk/seminars.asp

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   29/5/2011

Subject: De-coding BIM

Description: Quantity Surveyors Face £2,000 Training Costs Per Employee

Building Information Modelling (BIM) may be required on all government projects within five years; yet it is an unknown quantity. The article explains what it is , what it does and the implications for quantity surveyors.Associated Link : http://www.building.co.uk/technical/de-coding-bim/5018618.article

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   18/5/2011

Subject: Quantity Surveyors Sought for Cyntra Consortium

Description: Frameworks and Call-Off Contracts

Cyntra Limited is a consortium of local authorities, arms length management organisations and registered social landlords, which is seeking quantity surveyors, cost management services, employer's agent and associated services.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:156248-2011:TEXT:EN:HTML&src=0

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   16/5/2011

Subject: AECOM Wins Yorkshire Water JV

Description: Five Year Framework

AECOm has announced that its joint venture with Galliford Try, known as ETM, has won a place on Yorkshire Water's frameworr, securing the design and build assignments for a new water treatment facility for the U.K. client at Acomb Landing in North Yorkshire as well as the upgrade of the existing wastewater treatment facilities at Calder Vale in Wakefield, West Yorkshire. Associated Link : http://www.aecom.com/News/AECOM+joint+venture+secures+place+on+US$532-million+Yorkshire+Water+framework+contract

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   15/5/2011

Subject: The Future Role of the QS in a Green Environment

Description: The Future Role of the QS in a Green Environment

Come and join us for a Conference and Networking event which will focus on key industry issues for all involved in Quantity Surveying.


http://www.theqsi.co.uk/seminars.asp

We are looking for sponsors. So far you will be able to browse a number of sponsor stands during the course of the day, including Howdens Insurance Brokers, Franklin & Andrews and Pinnacle Environment Ltd.

Keynote Address
Stuart Ladds, Director, Government Property Unit
Session 1
Role of the Employer’s Agent Speaker: Steve Newcombe, Mott MacDonald • What functions does an Employer’s Agent perform? Is the role limited to design and construct procurement? • Does a QS have to learn new skills to undertake the role eg quality of workmanship, assessing delays for EOT and taking a brief to produce employers requirements etc? • Is the role likely to be as good as Project Manager which has been monopolised by QSs? • Is the QS again going to steal a march on Architects? • How lucrative are the fees? • QSi Best Practice Certificate
Session 2 The Future of QS Software Speaker: Paul Watkins, Masterbill
• A look at the latest advances in eTendering, Cost Databases and CAD Measurement, the efficiencies they offer and benefits they deliver, enabling QSs to prosper, rather than simply “survive” during the recession
Session 3
Future Procurement Speaker: Roger Knowles, QSi • Is Design and Construct likely to continue growing at the expense of traditional methods? • Is Best Value likely to be overtaken by Best Affordable Value? • Is the assessment of quality/price tender assessment likely to move in favour of price? • Are the snags in Target Cost Contracts coming home to roost? • Will there be a big swing back to lowest price bidding? • Will early contractor involvement take off? • How long will the “Herd Instinct” relating to the use of the NEC last?
Session 4 The Cost of BREEAM Speakers: Andrew Knapp/David Cadwallader, Coles Knapp/CEADA Environmental • Areas of possible involvement • Breeam (BRE Environmental Assessment Method ) assessment • Energy assessments • Code for Sustainable Homes • SAP • SBEM • Is this role likely to be as successful as CDM Co-ordinator?
Session 5 Future Insurance Risks Speaker: Phil Davies, Howdens • Since the recession commenced have claims been on the increase • How has this affected PI premiums • Are the risks greater for acting as Employer’s Agent or Environmental Consultant • Will it affect premiums • Insurance backing for QSi Best Practice Certificate • Efficient insurance buying • Basic Risk Management
Session 6 Carbon Reduction Costing Speaker: James Fiske, Franklin & Andrews • CapIT ;Mott McDonnald/ICE world first online construction cost and carbon tool • Building and Civil Engineering • Up to date cost and carbon information • Allows quick and accurate estimating
Session 7 Dispute Resolution Going Forward Speaker: Tony Bingham • Energy saving on disputes • Money saving ideas that cause dispute • Wrong analysis by Latham • The light goes out on partnering • NEC and the Emperor’s clothes Associated Link : http://www.theqsi.co.uk/seminars.asp

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   8/5/2011

Subject: Conversion Works Did Not Change the "Identity" of a House

Description: No Liability under the Defective Premises Act

The Court of Appeal has overturned a judge's decision that the conversion works on a house were so extensive as to change its identity and so make the project manager liable to the purchasers under the Defective Premises Act 1972.Associated Link : http://www.blissbooks.co.uk/news.php

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   7/5/2011

Subject: E. C. Harris Plans Global Expansion

Description: Expansion by Purchase

E. C. Harris has made moves into the markets in China and Saudi Arabia after buying a Chinese consultancy and winning a placee in Saudi Arabia's new nuclear energy city. The Saudi win will lead to an expansion in the company's operations there.Associated Link : http://www.building.co.uk/news/ec-harris-in-major-global-expansion-after-saudi-win/5017572.article

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   5/5/2011

Subject: Materials Price Rises Outsrtip Tender Costs

Description: Latest BCIS Figures

The latest statistics from the Building Cost Information Service, indicate that tender prices increased by an additional 0.5% in the last quarter of 2010 compared to the previous three months. Material costs rose by 6.8% last year. Associated Link : http://www.constructionenquirer.com/2011/05/04/tender-prices-rising-but-not-as-fast-as-material-costs/

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   2/5/2011

Subject: QSi Conference – 4th October 2011

Description: QSi Conference – 4th October 2011

Book now – Be an early bird and save money
-

See link below for details

http://www.theqsi.co.uk/seminars.asp Associated Link : http://www.theqsi.co.uk/seminars.asp

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   27/4/2011

Subject: Breach of Adjudication Agreement is not Repudiation

Description: The adjudication agreement must stay alive and capable of being operated in relation to any other disputes.

The Technology and Construction Court has ruled that although a party may be in breach of an adjudication agreement by failing to follow the procedure contained in the contract, such a breach cannot be repudiation of the agreement. Associated Link : http://www.blissbooks.co.uk/news.php

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   16/4/2011

Subject: QSi Conference - London - 4th Ocotober 2011

Description: QSi Conference - London - 4th October 2011

Save Money - Don't miss your Early Bird Booking Associated Link : http://www.theqsi.co.uk/seminars.asp

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   15/4/2011

Subject: Transport Secretary Calls for Changes to Procurement

Description: Better Value for Money Needed

Speaking at a launch of a new report by the Business Infrastructure Commission,, the Transport Secretary, Philip Hammond, has urged government departments to get better value for money from private contractors, and develop a more collaborative approach to procurement to save re-inventing the wheel each time.Associated Link : http://www.localgov.co.uk/index.cfm?method=news.detail&id=97866

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   14/4/2011

Subject: QSs Sought for Manchester Port Project

Description: Project Will Also Include Rail Link

Peel Investments (North) is inviting expressions of interest from quantity surveyors for its proposed new port on the Manchester Ship Canal. The project is being funded through the TEN-T Executive Agency and UK Department for Transport.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:120132-2011:TEXT:EN:HTML&src=0

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   12/4/2011

Subject: Don't miss the big event. - Book Now

Description: Don't miss the big event. - Book Now

QSi Conference 4th October 2011 - See link below Associated Link : http://www.theqsi.co.uk/seminars.asp

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   12/4/2011

Subject: Bilfinger Wins Contracts Worth Over 200m Euro in North Sea

Description: Boost to Offshore Business

Bilfinger + Berger has signed framework contracts valued at over €200 million for the maintenance and repair of offshore platforms in the North Sea. The agreements include project co-ordination and the management of planned plant shutdowns, cover a period of three to five years. Associated Link :

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   12/4/2011

Subject: Don’t Leave it Too Late to Claim

Description: Claim for Defective Work Timed Out

Redlime undertook building works on Mr. Eagle‘s property in 2000. Mr. Eagle commenced proceedings on 29 October 2009. As well as denying liability, Redlime alleged that the action was statute-barred because Mr. Eagle had the actual or constructive knowledge for bringing the action at the latest by 29 October 2006. Mr. Eagle argued that he did not have the constructive knowledge until November 2006, and that the action had been brought within the three-year period allowed by section 14A of the Limitation Act 1980.

Mr. Eagle wanted to build a kennel block at his house, and engaged Redlime to build the base for the kennels in accordance with drawings prepared by a surveyor, which included a vertical section which showed the proposed foundations. Mr. Eagle said that Redlime had held itself out to be a civil engineering contractor with knowledge and experience in ground works and foundations. Redlime denied that it had only been obliged to construct according to the contents of a hand written sketch provided by Mr. Eagle.
After Redlime had completed the ground work, Mr. Eagle engaged other contractors to build the kennels on top of Redlime’s concrete slab. In 2005, a local plasterer, Mr. Jobs, undertook some rendering, and shortly after, Mr. Eagle noticed small cracks in the rendering which he put down to normal settlement. In about the early 2006, Mr. Eagle then noticed that what he referred to as the “Aco channel” (which formed part of the drainage system) was sinking and separating from the slab floor. Mr. Eagle thought at the time that this was due to Redlime simply placing the Aco channels on a mix of ballast (stones) and cement and then pouring concrete into the void using the edge of the Aco channel as a shutter rather than creating a channel in the concrete for the Aco drain. Some time in the late summer of 2006, Mr. Eagle noticed that the render had re-cracked, and the gap along the Aco drain which he had filled had reappeared. Mr. Eagle rang Redlime’s Mr. Harmsworth who promised to come out, but failed to do so. Mr. Eagle also contacted solicitors, Darbys, and his insurers. The insurers informed him that he was not covered for the settlement of the Aco channel caused by water ingress onto the dry mix on which it had been placed.
Redlime blamed it on shrinkage of the clay soil due to the dry summers. They stated that Mr. Eagle had been satisfied with their work and they had had no input in the design of the slab, and both Mr. Eagle and building control had inspected the work. Mr. Eagle contacted a firm of engineers, who produced a report dated 16 November 2006. In this they blamed the cracking in the floor slab on the lack of tying between the edges of the floor slab with the central section, and said that the slab was too shallow. The report recommended underpinning.
The judge accepted Mr. Eagle’s evidence that this was the first time anyone had said to him that the problems were caused by the fact that the base had been constructed by Redlime in three sections and those sections had not been tied together. Up until that point he had merely suspected that a problem had been caused by water ingress penetrating and then compacting the dry mix upon which the Aco drain had been placed; and that he had not even suspected that the problem was any greater or more widespread than this. Mr. Eagle obtained a quote for the underpinning, and was told that it would be cheaper to knock the kennels down and start from scratch.

Mr. Eagle argued that he did not have the relevant constructive knowledge until 16 November 2006, and that the existence of the defects were only ascertainable with expert assistance. He submitted that he had taken all reasonable steps to take this expert advice and had obtained the engineer’s report within a month of him writing to Redlime. The critical question was when Mr. Eagle had “the knowledge required for bringing an action for damages in respect of the relevant damage”.

On the facts, the judge concluded that Mr. Eagle had had the necessary knowledge of the material facts about the damage in respect of which damages are claimed prior to (at the latest) 29 October 2006. By that stage, he certainly had known that there had been subsidence causing the Aco channels to sink and to separate from the concrete slab and that there had been cracking to the windows and walls. In the judge’s view, those were facts about the damage which would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment within the meaning of subsection (7). The judge accepted that he had not had knowledge of the full extent of the damage, but the authorities suggested that this was not necessary or relevant for the purposes of s14A(6)(a) and (7) provided that the damage of which the claimant has knowledge is “sufficiently serious” so as to satisfy the requirements of subsection (7).

Before prior to 29 October 2006, Mr. Eagle had thought that the damage was caused by something that Redlime had done wrong, although he wrongly believed that the cause of the problem with at least to sinking of the Aco channels was that Redlime had used a dry mix and) he only became aware of the real cause after he received the report from Hannah Reed. Before this date, Mr. Eagle had not had sufficient knowledge of the real cause of the damage; however, he had had sufficient knowledge that the damage was attributable to an act or omission of Redlime within the meaning of subsection 6(b) and 8(a) of the Act in the sense of being capable of being attributed to the work which they had carried out. This was confirmed by the fact that he had contacted Darbys for advice and had written to Redlime. With regret, the judge held that Mr. Eagle’s action was statute-barred.
Copyright: BLISS Books Ltd. 2011
CLINTON EAGLE V REDLIME LTD., [2011] EWHC 838 (QB)Associated Link :

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   4/4/2011

Subject: The End of Expert Witness Immunity?

Description: Immunity Should be Abolished, says Supreme Court

The UK Supreme Court has expressed the view that expert witness immunity should be abolished. Lord Phillips drew a comparison with the withdrawal of immunity from barristers. There has been no noticeable increase in vexatious claims against barristers, nor had the lack of immunity made them any less “fearful” of doing their job. The comments were made in the Supreme Court decision in Jones v Kaney, [2011] UKSC 13.
The case concerned a road traffic accident, in which the appellant was knocked down by a car and suffered from post traumatic stress disorder (PTSD), depression, an adjustment disorder and associated illness behaviour which manifested itself in chronic pain syndrome.
A consultant clinical psychologist was retained to act as an expert witness for the appellant. Following a telephone discussion between the experts in the case, the appellant's expert signed a joint statement prepared by the opposing expert, without making any comment or amendment. She later said that the joint statement did not reflect what she had agreed in the telephone discussion but that she had felt 'under pressure' to sign it. Because of the damaging nature of admissions in the joint statement, the claim was settled for a sum that was considerably less than would have been the case if the appellant's expert had not signed the joint statement in the terms that she did.
The appellant commenced proceedings against the expert. The expert relied upon the principle that an expert witness in civil proceedings is immune from being sued. At first instance the expert was successful and the claim was struck out. The issue came before the Supreme Court as a result of a 'leap-frog' certificate enabling the appellant to bypass the Court of Appeal in its appeal against the strike out decision based upon the immunity rule.
In its decision, the Supreme Court reviewed various authorities, and discussed the reasons why expert witnesses enjoy immunity from suit, and whether such immunity could be justified.
The key element which ran throughout all the authorities was the "chilling effect" should experts be left open to suit. The argument was that it would make witnesses reluctant to testify, and if they did testify, it would make them reluctant to do so freely and frankly. The cases emphasised that the object of the immunity was not to protect those whose conduct was open to criticism, but those who would be subject to unjustified and vexatious claims by disgruntled litigants. The justifications for expert witness immunity were identified as being:
To protect witnesses who have given evidence in good faith from being harassed and vexed by unjustified claims;
To encourage honest and well meaning persons to assist justice; in the interest of establishing the truth and to secure that justice may be done;
To secure that the witness will speak freely and fearlessly;
To avoid a multiplicity of actions in which the value or truth of the evidence of a witness would be tried all over again.
It would not be right to start with a presumption that because the immunity exists it should be maintained unless it is shown to be unjustified. The onus lay fairly and squarely on the respondent to justify the immunity behind which she sought to shelter.
Lord Phillips drew a comparison with the position of barristers. It was always believed that it was necessary that barristers should be immune from suit in order to ensure that they were not inhibited from performing their duty to the court. However, in his Lordship's experience, removal of their immunity had not resulted in any diminution of the advocate's readiness to perform that duty. It would be quite wrong to perpetuate the immunity of expert witnesses out of mere conjecture that they would be reluctant to perform their duty to the court if they were not immune from suit for breach of duty.
The judge could appreciate that there might be apprehension amongst experts, but, again, he questioned the extent to which this was realistic to anticipate vexatious litigation. In the present case, on the agreed facts, the expert admitted that she had signed a joint report which had not reflected her views. There was nothing vexatious about the present claim. If a litigant is disaffected because a diligent expert has made concessions that have damaged his case, how is he to get a claim against that expert off the ground? It will not be viable without the support of another expert. The litigant without resources will be unlikely to succeed in persuading lawyers to act on a conditional fee basis. A litigant in person who seeks to bring such a claim without professional support will be unable to plead a coherent case and will be susceptible to a strike out application. For those reasons Lord Phillips doubted whether removal of expert witness immunity would lead to a proliferation of vexatious claims.
Taking the above considerations into account, Lord Phillips considered that the immunity from suit for breach of duty which expert witnesses have enjoyed should be abolished. This did not extend to the absolute privilege that they enjoyed in respect of claims in defamation. The appeal would be allowed.Associated Link :

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   1/4/2011

Subject: And ... Another Merger

Description: Matthews & Goodman and Edmund Kirby merge

Long-established surveyors and town planners, Matthews & Goodman and Edmund Kirby have merged to create a company with offices in London, Manchester and Liverpool. Associated Link : http://www.placenorthwest.co.uk/news/archive/8724-matthews-and-goodman-and-edmund-kirby-merge.html

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   1/4/2011

Subject: Midlands Surveyors Merge

Description: Sanders and Fisher German Combine

Chartered surveyors John Sanders has merged with Fisher German, a practice which has been been established for 160 years and specialises in renewable energy, utilities, telecommunications and estate management. The move increases Fisher German's offices from 11 to 13 nationally. Associated Link : http://www.thebusinessdesk.com/westmidlands/news/149107-chartered-surveyors-merge-with-local-rival.html?news_section=19012

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   1/4/2011

Subject: Free CPD Event - South Wales

Description: Framework Agreements &Target Cost Contracts

b>Free Briefing Sessions: Speakers: Roger Knowles & Peter Gracia

We are running two free briefing sessions your organisation may benefit from on the 11th May 2011 at the Orbit Business Centre, Merthyr Tydfil. We are pleased that our colleague Roger Knowles, founder of the international construction consultancy, Knowles, has agreed to speak on Target Cost Contracts.

Each session provides an overview of the topic areas with useful guidance for those who intend to set up Framework Agreements or wish to participate in them and those considering using Target Cost Contracts focussing on the NEC variant.

Our briefing sessions to-date have been very popular and in order to be fair to all those who may wish to attend we must limit numbers to 2 persons per organisation. Please book early.

Briefing Session 1 – Framework Agreements (PG) 10-12am
• What does a framework allow us to do
• Contractor selection processes
• Frameworks for multiple clients
• Protecting the local supply chain
• Allocating the call off contracts under the framework

Briefing Session 2 – NEC Target Cost Contracts (RK) 1-3pm
• What is Target Cost?
• The Gain/Pain share mechanism
• Establishing payments (NEC3 Option C)
• Problem areas
• The final payment and Gain/Pain sharing

If you wish to attend either or both sessions please email info@graciaconsult.com to let us know.

Coffee will be provided at 9:30 for Briefing 1 and at 12:30 for Briefing 2. If you are unable to make the date please drop us a line if you have any queries on the topics covered or view our website www.graciaconsult.com for further information on our services.

Regards
Peter Gracia
Director

Gracia Consult
2 Church Street
Merthyr Tydfil
CF47 0BA

www.graciaconsult.com
Tel.: (+44) 01685 723139
Fax: (+44) 01685 723793
Mobile: 07817 381821 Associated Link :

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   30/3/2011

Subject: Eleven New Enterprise Zones Named

Description: Sceptics Say Enterprise Zones Policy Will Displace Jobs and Firms

The government announced the creation of 21 entrprise zones in the Budget last week. Now, the first four Enterprise Zones whose exact locations have been agreed have been named. These are the Boots campus in Nottingham, Mersey Waters, Manchester Airport and London's Royal Docks. Associated Link : http://www.planningresource.co.uk/bulletin/ecdevbulletin/article/1062147/coalition-names-initial-11-new-enterprise-zones/

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   25/3/2011

Subject: Network Rail Embraces ECI

Description: Project Open Book

Network Rail has announced that it will work earlier with designers and contractors in developing projects worth more than £6bn. "Project Open Book”, as it has been dubbed internally, will see Network Rail opening up its biggest projects to construction and engineering companies at an early stage, integrating suppliers into its delivery teams in a bid to reduce costs. Associated Link : http://www.cnplus.co.uk/8613051.article

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   21/3/2011

Subject: Skanksa Wins $204m World Trade Centre Contract

Description: Oculus Win

Skanska is to fabricate and erect the steel for the "Oculus" building at the new World Trade Center Transportation Hub in New York under a contract with the Port Authority of New York and New Jersey. The contract is worth $204m.
The Oculus is a winged structure which will be the gateway to the PATH commuter train at the new World Centre Transportation Hub.Associated Link : http://finance.yahoo.com/news/Skanska-to-Build-Oculus-at-bw-3252360136.html?x=0

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   21/3/2011

Subject: Interserve Lands Middle East infrastructure Support Contract

Description: Three-Year Maintenance Contract at UK Air Base

Interserve has secured a three-year maintenance contract to support UK operations at a Main Air Base in the Middle East. Following the relocation of UK operations to the airbase, Interserve will manage the maintenance of the site, working with a sister company, based in the Middle East. Associated Link :

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   21/3/2011

Subject: West Midlands CPD Event

Description: The Changing Face of the NHS Estate

West Midlands CPD Event on 13th April 2011 at the University of Wolverhampton. The changing face of the NHS estate. Everyone welcome I would be very happy to see you there.

Steve NewcombeAssociated Link :

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   18/3/2011

Subject: Cyril Sweett Goes for Global Expansion

Description: Alliance in USA

Cyril Sweett has formed alliances with two American project management companies as part of its plans for global expansion.Associated Link : http://www.building.co.uk/5014937.article?origin=bldgqsnewsnewsletter

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   11/3/2011

Subject: Employer's Agent - Best Practice Guidance

Description: Employer's Agent - Best Practice Guidance

With the ever changing contract landscape and the pressure on workloads and fees, it has become evident that the role of EA/ER is exposing members and clients to unforeseen risks.

Because of the nature of the role, the scope of services, nature of the role and requirements of the team are not fully embraced by currently available service agreements.

The risks from undertaking the role will arise not only under the law relating to the contract for which the services are provided, but others such as the tort of negligence, health and safety, agency and possibly the recent legislation concerning Bribery.

Where a company or individual holds himself or herself out to be competent to act as an Employer’s Agent/Representative, lack of knowledge or experience will be no defence to an action brought which results from a poor performance

The projects identified as having the greatest risks are therefore those with fewer occurrences in the industry or with staff suitability.

Principal risk projects are:

In excess of £10 million
Complex projects
Staff with less than 10 years practical experience.

Due to this, and in agreement with Howden, our preferred insurance broker, we are advising our members to carry out peer reviews to establish if the risks are being adequately managed.

It is the QSi’s intention to develop a code of practice and schedule of services for the role in line with current requirements. In the meantime we are looking for members to submit CVs and apply to go on our register for service peer reviewers.

If members should wish to contact us for a reviewer to be assigned or to apply, please contact admin@theqsi.co.uk .

Steve Newcombe
QSi
Vice President Associated Link :

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   7/3/2011

Subject: CPD Event

Description: CPD - Yorkshire Region

The CIArb NE Branch is runing an event entitled "The Economic Outlook for the Yorkshire Region in 2011" on 22 March 2011
For further information please contact barnton49@hotmail.co.uk, or visit the following link: http://www.ciarb.org/events/2011/03/ciarb-north-east-branch---the-economic-outlook-for-the-yorkshire-region-in-2011/?start=201103&end=201103&view=calendar Associated Link :

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   7/3/2011

Subject: Derbyshire Power Station Granted Planning Permission

Description: Potential Capacity of 2,400MW

The RWE Npower project will include up to four 500MW combined cycle gas turbine (CCGT) units and four open cycle gas turbine (OCGT) plants with a combined capacity of 400MW. The project will be built on the site of the coal-fired Willington A and B power stations, which closed in the 1990s.
However, the project will only go ahead if RWE npower obtains planning permission for a 30km pipeline bringing natural gas into the site. The company expects to lodge a development consent order application for this with the Infrastructure Planning Commission (IPC) by the end of the year. Associated Link :

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   6/3/2011

Subject: QSi Annual Conference

Description: Annual Conference and Networking Event

THE FIRST QSi ANNUAL CONFERENCE AND NETWORKING EVENT

Cavendish Conference Centre

Tuesday, 4 October 2011


The Future Role of the QS in a Green Environment Come and join us for a Conference and Networking event which will focus on key industry issues for all involved in Quantity Surveying.

We will also be able to browse a number sponsor stands during the course of the day.

Session 1
Government Expenditure Plans
Speaker: Stuart Ladd
• What are the government’s spending plans over the next 4.5 years on construction work?
• Government plans to spend £200bn on capital projects
• Expenditure on rail, nuclear power, alternative energy, housing, schools and hospitals

Session 2
Role of the Employer’s Agent
Speaker: Steve Newcombe, Mott MacDonald
• What functions does an Employer’s Agent perform? Is the role limited to design and construct procurement?
• Does a QS have to learn new skills to undertake the role eg quality of workmanship, assessing delays for EOT and taking a brief to produce employers requirements etc?
• Is the role likely to be as good as Project Manager which has been monopolised by QSs?
• Is the QS again going to steal a march on Architects?
• How lucrative are the fees?
• QSi Best Practice Certificate

Session 3
The Future of QS Software
Speaker: Paul Watkins, Masterbuild
• Software following changes in procurement methods
• E tendering
• E bidding

Session 4
Future Procurement
Speaker: Roger Knowles, QSi

Is Design and Construct likely to continue growing at the expense of traditional methods?
Is Best Value likely to be overtaken by Best Affordable Value?
Is the assessment of quality/price tender assessment likely to move in favour of price?
Are the snags in Target Cost Contracts coming home to roost?
Will there be a big swing back to lowest price bidding?
Will early contractor involvement take off?
How long will the “Herd Instinct” relating to the use of the NEC last?

Session 5
The Cost of BREEAM
Speaker: Andrew Knapp, BREEAM
• Areas of possible involvement
• Breeam (BRE Environmental Assessment Method ) assessment
• Energy assessments
• Energy audits
• Energy surveys
• Renewable energy option studies
• Sustainability checklist; sustainable homes certificate
• SAP
• SBEM
• Is this role likely to be as successful as CDM Co-ordinator?

Session 6
Future Insurance Risks
Speaker: Phil Davies, Howdens
• Since the recession commenced have claims been on the increase?
• How has this affected PI premiums?
• Are the risks greater for acting as Employer’s Agent or Environmental Consultant?
• Will it affect premiums?
• Insurance backing for QSi Best Practice Certificate

Session 7
Carbon Reduction Costing
Speaker: James Fiske, Franklin & Andrews
• CapIT ;Mott McDonnald/ICE world first online construction cost and carbon tool
• Building and Civil Engineering
• Up to date cost and carbon information
• Allows quick and accurate estimating

Conference Fee:
£150.00 Members; £175.00 Non Members
EARLY BIRD DISCOUNT ON ALL BOOKINGS MADE BEFORE 30 JUNE 2011
£125 Members; £150 Non Members

Enquiries:
Email: admin@theqsi.co.uk Tel: 01606 786698 Website: www.theqsi.com Associated Link :

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   4/3/2011

Subject: PPP Created for Potential Newcastle Redevelopment

Description: Biggest City Redevelopment Project in the North

A new public private partnership, the Scotswood Urban Regeneration Vehicle has been established to undertake the biggest city redevelopment project in the north of England - the transformation of the Scotswood area of Newcastle-upon-Tyne. The joint venture is a partnership between Newcastle City Council and developers Barratt, Keepmoat and Yuill (BKY). Associated Link : http://www.planningportal.gov.uk/general/news/stories/2011/mar11/3mar11/030311_4

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   2/3/2011

Subject: Don't Waste Time Bringing Public Procurement Challenges

Description: Appeal Against Contract Award was Out of Time

Sita UK's challenge to the award of a multimillion pound waste contract by the Greater Manchester Waste Disposal Authority has been rejected by the Court of Appeal. It was evident from the exchange of correspondence that Sita had had sufficient constructive knowledge to issue a proper statutory challenge but had not done so. Since it had failed to make a challenge within the required three month period, its claim now faied.Associated Link : http://www.blissbooks.co.uk/news.php

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   2/3/2011

Subject: Consultation on Amendments to the Architects Act 1997

Description: DCLG Publishes Consultation Paper

This consultation looks at an amendment to the Architects Act 1997 (as amended) in relation to the mutual recognition of professional qualifications. These provisions set out how professionals can obtain recognition of their qualifications when moving between Nation States within the EU in order to support greater freedom of movement within the Single Market. Associated Link : http://www.communities.gov.uk/publications/planningandbuilding/architectsactconsultation

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   28/2/2011

Subject: Glasgow Housing Association Contract

Description: Housing Association Seeks Consultancy Services

Glasgow Housing Association has published an OJEU notice for consultancy frameworks. The contract values range from £4.5m to £6.5m.Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:62604-2011:TEXT:EN:HTML&src=0

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   28/2/2011

Subject: Bilfinger Berger Wins €100 million Energy Contract in Israel

Description: Contract with the Israel Electric Corporation

Bilfinger Power Services has won an €100 million from the Israel Electric Corporation for a flue gas purification system. The contract will involve refitting four power plant blocks at two separate locations.Associated Link : http://www.bilfinger.com/en/Press/Press-Releases/2011/listing/Bilfinger-Berger-to-build-denitrification-plant-valued-at-EURO100-million

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   28/2/2011

Subject: Baqus Back in the Black

Description: Pre-Tax Profit for First Half

Quantity surveyors and project managers Baqus have recorded a profit for the first half after their previous losses. However, the firm is still suffering the impact of delayed and cancelled projects in both the public and privates sectors.Associated Link : http://www.theqsi.co.uk/adminnews.asp

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   23/2/2011

Subject: Welsh Gas Fired Power Station Approved

Description: 870MW Gas-fired Power Station to be Built Near Port Talbot in south Wales

The Abernedd Combined Cycle Gas Turbine Plant will be built by developer SSE at the Baglan Bay Energy Park, on the former site of a chemicals facility. Energy minister Charles Hendry said: "This new power station will bring jobs and industry back to this disused site and will provide a boost to the nation’s energy security. "Gas is the cleanest and most reliable fossil fuel and it will continue to be a central part in the country’s energy mix during the transition to a low carbon economy." The station will be built carbon capture-ready, meaning CO2 produced by the plant could eventually be captured and transported for storage offshore."
SSE has also been given consent consent to retrofit its coal-plant in Fiddler’s Ferry, Warrington, with a selective catalytic reduction plant (SCR) to reduce emissions of nitrogen oxides. Associated Link :

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   21/2/2011

Subject: Network Rail to Restructure

Description: Decentralisation to Reduce Costs and Deliver Improvements to Passengers

Network Rail has announced restructuring plans which will create a number of new, devolved business units run by managing directors. Each of the managing directors will, in effect, be running their own infrastructure railway business. Network Rail's CEO says that the plans will increase accountability at local level.Associated Link : http://www.cnplus.co.uk/news/network-rail-announces-restructure/8611543.article

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   16/2/2011

Subject: Private Sector Partnerships are the Key to Housing Growth Says Kier

Description: Kier Delivers Mixed Tenure Developments with Private Partners

The Kier Group has stressed the importance of building sustainable partnerships with private sector initiatives to aid the housing recovery. Associated Link : http://www.localgov.co.uk/index.cfm?method=news.detail&id=95483

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   14/2/2011

Subject: Urgent Notice - Employer’s Representative/Agent Services

Description: Employer’s Representative/Agent Services

The QSi is in the process of developing a Best Practice document for Employer’s Agent/Representative services, which is being backed by the insurance industry through Howden.

In discussions with Howden, our partnered insurance company, some significant risks to our members and their clients have been identified, in relation to providing this service. In order to mitigate these we are advising all our members offering this service to use our peer view facility in the interim. This has been fully endorsed by the insurance industry as a recommended method of risk reduction and management.

Our Vice President is also providing CPD lectures on Employer’s Agent/Representative services on request. Part of the lecture includes management and risk mitigation processes designed to reduce significant risks, which will be forming part of the best practice document. For more information please email to admin@theqsi.co.uk Associated Link :

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   14/2/2011

Subject: ACE and CECA to Keep ICE Contracts

Description: Bodies Agree to Maintain Abandoned Contracts

The Civil Engineering Contractors Association (CECA) and the Association for Consultancy and Engineering (ACE) have jointly agreed to maintain the ICE Conditions of Contract as contracts of choice. This follows the Institution of Civil Engineers' decision to withdraw them in favout of NEC 3.Associated Link : http://www.theconstructionindex.co.uk/news/company-news/CECA-and-ACE-agree-to-keep-ICE-Conditions-of-Contract

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   13/2/2011

Subject: Annual Conference

Description: QSi Annual Conference

Annual Conference

Our Annual Conference will be held in London this year.
Put this in your diaries – 4th October 2011
The Conference Centre is booked and full details will be sent out shortly.

Please help us make the conference a success by supporting us. We will be offering earlybird reduced rates – Take advantage of the reduction and book early.
The General Council are still finalising the agenda but we already have a number of headline speakers lined up. However, if you know someone who has a expertise and will share it with us, they will be welcome on the podium.
We are also looking for companies who would like to sponsor us or take a stand.
If you can help, contact Suzanne Case at admin@theqsi.co.uk
Associated Link :

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   9/2/2011

Subject: Government Go Ahead for Humber Wind Farm

Description: Humber Gateway Project Worth £700m

The Government has given approval to E.ON's 77 turbine wind farm to be built off the Humber coast.Associated Link : http://www.thebusinessdesk.com/yorkshire/news/126579-breaking-news-go-ahead-for-humber-gateway-wind-farm.html?news_section=5

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   5/2/2011

Subject: October Challenge

Description: October Challenge

October Challenge

At the tail end of last year it was decided that Quantity Surveyors International ( QSi) would hold a QS Conference in London. Hence the title: October Challenge.


The QSi General Council are currently trying to assemble companies, speakers, sponsors and well-wishers and put together a Confernce that can be of benefit to the whole Building Industry. We also hope to put some spirit back into our profession.
So how can YOU help?

Does your company:-

1) have a unique product or service that could benefit from a conference like ours? If you do – let us know. Have you a good speaker who can provide a lecture ?… If you have, you could be invited to join us.
2) offer an expert service that would be of value to the Building / Civil Engineering Industry / Quantity Surveying Profession? Have you a good speaker who can provide a lecture ? If you do – let us know and you could be invited to join us.
3) Need a forum to discuss the future of the Building / Civil Engineering Industry / Quantity Surveying Profession? Have you a good speaker available? If you do – let us know and you could be invited to join us.
4) Provide construction services? – Does your company have a new and exciting product that needs publicity… Let us know and you could be invited to join us.
Are you in Local Government - Do you need a forum? Let us know and you could be invited to join us.
So there you have it. In a nutshell, at the moment we have a blank canvas … If we all work together over the next few months everyone will be able to benefit..
Please help with the October Challenge and make our QSi Conference one to remember.
All the best
Andrew Williams FQSi FRICS FCIOB FBEng QSi President
Associated Link :

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   31/1/2011

Subject: Quantity Surveyor Liable for Undermeasurement

Description: J & J Properties v Durnien, [2010] NIQB 141

The claimant was a development company formed and controlled by its principal shareholders, Mr. Joseph McMullan and Mr. John McKendry. Neither had any experience of the construction industry or development matters. The defendant was a quantity surveyor who was introduced to the claimant’s owners by Mr. McMaster, an architect. Mr. McMaster and Mr. Durnien prepared a detailed set of proposals for a design and build scheme which ultimately came to be crystallised in the form of an offer made by the claimant to and accepted by the Clanmil Housing Association Limited. Housing Associations were prepared to invest in such schemes at the time.
The present action concerned the defendant’s role in the preparation of the contract between the claimant and Clanmil whereby the claimant contracted to design and build 28 houses on the Woodcot Avenue site for a total tender price of £2,030,000. In order to perform the contract the claimant contracted with John Surgenor and Son (Mr. Surgenor) as building contractors for the construction works at the site. The claimant accepted Mr. Surgenor’s tender of £1,285,065.94 for the construction works. These works naturally made up the largest element in the claimant’s tender price, however, the ultimate tender had three principal elements.
The claimant alleged that the defendant had been in breach of his contract to act as quantity surveyor and project manager in two respects. when he prepared the bill of quantities upon which Mr. Surgenor’s contract was based, and later when he prepared a breakdown of the total costs of the project which was submitted to Clanmil in the form of a contract sum analysis, he failed to make allowance for two substantial elements of the cost of construction i.e. the site preparation work and the cost of piling. The claimant had had to employ another sub-contractor to do the piling. Mr. Surgenor was paid £230,138 for this work, and the piling sub-contractor was paid £60,458.20, a total of £290,596.20. Only £140,000 had been allowed for earth works in the bill of quantities and the contract sum analysis, leading ultimately to a shortfall of £150,596.20. At the conclusion of the case, it was recognised that as many of those costs related to either under measurements in the bill of quantities by the defendant (to which separate reference will be made), or to design changes which were not the responsibility of the defendant, and, accordingly, the claimant’s claim was limited to the amount of £150,596.20 under the construction and piling head.
Secondly, the claimant argued that the defendant had under measured the Bill of Quantities.

The court concluded that the claimant’s claim in respect of the shortfall of £150,596.20 was proved, subject to any failure on its part to mitigate its loss. The defendant asserted that the claimant could have sought to enter into a “back to back” contract with Mr. Surgenor, which would have been identical in all respects with the contract which the claimant had entered into with Clanmil, but the court rejected this as a “diversion”.
HAD THE CLAIMANT FAILED TO MITIGATE ITS LOSS
Mr. McMullan had taken an active role in the development of the contract with the defendant in a number of ways. In particular, on 15 May 2001 the John Neil Partnership, Clanmil’s agents, had written to Mr. McMullan, and in the letter referred to “proposed ground stabilisation works now included in your proposals”. That suggested that something had been said to the claimant to make it clear that this work was included in its proposal. In addition Mr. McKendry had been present at the pre-contract meeting on 25 May 2001 when express reference was made to “ground stabilisation works” and the consequent extension of the contract period from 15 to 18 months to allow for this. Despite that it appears that the claimant did not query whether the civil engineering works and the piling were included in the contract with Clanmil at that stage. From the evidence of the correspondence, the claimant had been well aware of the piling, and it knew of the significance of piling as that had been part of their earlier Antrim project. Mr. McMullan had also admitted in evidence that he knew the piling had been done.
That being so, the question was whether the claimant knew, or could reasonably be expected to ascertain for itself, that the civil engineering works and the piling had not been included in the bill of quantities upon which Mr. Surgenor had based his contract.
Despite their taking a close interest in the costs, the judge accepted Mr. McMullan’s evidence that the claimant had left it to the defendant to tell them what was in the bill of quantities and what was not, and that they believed that the figure of £1.425m covered everything. The very simple reason for this was that, if the contrary had been the case, Mr. McMullan and Mr. McKendry would never have entered into this contract because they could not make a profit on it. The defendant was the expert upon whom the claimant relied, and he had been in breach of the implied terms of his contract with the claimant in that he failed to exercise proper care as the quantity surveyor and project manager to ensure that the necessary allowance for civil engineering work and piling was made in the bill of quantities, and that, when it became apparent that they had not been included, the claimant was not alerted to this in time for the claimant to decide not to proceed with its offer and withdraw from these negotiations. The claimant was therefore entitled to recover the figure of £150,596.20.
Copyright: BLISS, the Building Law Information Subscriber service 2011 Associated Link :

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   31/1/2011

Subject: RICS Fines Errant Members

Description: Members Question RICS' Right to Intefere in Court Cases

The RICS fined members £140,000 in 2010 from disciplinary hearings, and expelled eleven members. However, come are questioning whether the RICS should be able to inflict sanctions in cases where there have already been court proceedings or employment tribunal hearings.Associated Link : http://www.building.co.uk/5011897.article?origin=bldgqsnewsnewsletter

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   31/1/2011

Subject: Carillion Signs £350m MOU with Government

Description: Contractor Works on Supplier Engagement Programme.

Carillion's start to 2011 has been boosted by signing a Memorandum of Understanding with the Coalition Government which could be worth £350m. Associated Link : http://www.thebusinessdesk.com/westmidlands/news/122048-carillion-boosted-by-new-orders-and-goverment-mou.html?utm_source=newsletter&utm_medium=email&utm_campaign=_31st_Jan_2011_-_Daily_E-mail

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   27/1/2011

Subject: Yorkshire Surveyors Bought Out

Description: LHL Buys Roger Spencer Logan

LHL Group has bought chartered surveyors Roger Spencer Logan for an undisclosed sum. Spencer Logan's two irectors will join York-based property consultants LHL. Associated Link : http://www.thebusinessdesk.com/yorkshire/news/120418-acquisition-for-lhl-group.html?utm_source=newsletter&utm_medium=email&utm_campaign=Yorkshire_27th_Jan_2011_-_Daily_E-mail

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   25/1/2011

Subject: Drivers Offer Managers New Share Deal

Description: Hopes to Recover by the End of 2011

Construction consultancy Driver Group has unveiled a new management incentive scheme as it aims to return to the black this year. After a management reorganisation, the new arrangement is intended to give more incentive to the management team.Associated Link : http://menmedia.co.uk/manchestereveningnews/news/business/s/1406159_new_share_deal_for_drivers_top_team?newsletter=business%2520bulletin-20110125

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   25/1/2011

Subject: Contractors Face Legal Action Over Connaught Collapse

Description: GMB Union Plans Employment Tribunal Actions

The GMB union is threatening to pursue cases against Keir, Lovell, KPMG and Hull City Council contractor KWL through employment tribunals over the collapse of Connaught, the social housing contractor. The union is asking an employment tribunal to take action on behalf of 129 former Connaught workers on the grounds of unlawful deduction of wages, unfair dismissal and a failure to properly consult. Associated Link : http://www.thebusinessdesk.com/yorkshire/news/119288-legal-action-over-connaught-collapse.html?news_section=5

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   14/1/2011

Subject: Surveyors Launch New Contractors Loans Package

Description: Funding for Contractors and Subcontractors

Bolton-based The Vinden Partnership has launched a new lending package, TVP Construction Finance, aimed at contractors who are struggling to secure funding from more traditional sources. Associated Link : http://www.thebusinessdesk.com/northwest/news/114973-vinden-launches-lending-business-for-cash-strapped-builders.html?news_section=4150

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   11/1/2011

Subject: Consultation on Property Misdescriptions Act

Description: Possible Repeal of the Act

The Department for Business Innovation and Skills has today (10 January 2011) launched a consultation on the repeal of the Property Misdescriptions Act 1991. The introduction of the Consumer Protection from Unfair Trading Regulations 2008 provides similar protection, and means that there is some duplication of legislation. The consultation document considers how best to remove unnecessary regulation for property description whilst maintaining consumer protection. It also includes an impact assessment. Responses are invited by 5 April 2011. Associated Link : http://www.bis.gov.uk/assets/biscore/consumer-issues/docs/c/11-505-consultation-repeal-property-misdescriptions-act

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   9/1/2011

Subject: Cyril Sweett expands service offering in Southeast Asia through alliance agreement

Description: Alliance with Kuala Lumpuer-based QS

Cyril Sweett has signed an alliance agreement with Perunding C&T Management (PCT), a Kuala Lumpur-based quantity surveying firm. Founded in 1996, PCT is a leading cost consultancy in Malaysia, with expertise in the Hospitality, Retail, Technology and Industrial sectors. Associated Link : http://www.cyrilsweett.com/press-news?newsid=64

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   9/1/2011

Subject: Rider Levett Bucknall Wins Vietnam MGM Ho-Tram Resort Project

Description: Phase one of the US$4.2-billion Ho Tram Strip Project

Asian Coast Development (Canada) Limited (ACDL) has appointed global consultants Rider Levett Bucknall as quantity surveying and co-project management partner for the MGM Grand Ho Tram Resort.Associated Link : http://english.thesaigontimes.vn/Home/business/investment/14550/

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   9/1/2011

Subject: Evans Jones Merges

Description: Major Expanson for Cheltenham Consultancy

Cheltenham-based consultancy Evans Jones LLP has merged with James Nicholas Ltd and Beccaben Ltd., and architectural practice and firm of quantity surveyors and project managers respectively. Associated Link : http://www.thisisgloucestershire.co.uk/news/Construction-consultancy-New-Year-merger/article-3048044-detail/article.html

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   8/1/2011

Subject: Roger Knowles speaks - APM/QSi Joint Meeting 3rd February 2011

Description: Roger Knowles speaks - APM/QSi Joint Meeting 3rd February 2011

APM/QSi Joint Meeting Procurement causes problems -

Northwest Procurement causes problems - Northwest Diary
See link for details -
http://www.theqsi.co.uk/branch.asp?events=nw 3rd February 2011
Lecturer Roger Knowles

Selection of Matters to be dealt with

· Lowest Price or Best Value which is it to be; was Best Value always a myth

· How beneficial from an employer’s point of view is a cost reimbursable contract

· How often on a Target Cost Gain Share/Pain Share contract is the adjustment of the Target Cost a fiddle

· What liability does a public authority have for providing incorrect information in an OJEU advert

· What is meant by a selection process involving price and quality having to be transparent

· What chances do contractors have for financial compensation, who have been unsuccessful in tendering for contracts in the public sector, on the grounds that the selection process was unfair

· What liability does a project manager have for advising the use of an inappropriate procurement method

· Is a consultant or contractor liable to pay compensation to an employer for changing personnel name in the contract, without the prior consent of the employer

· What liability does an employer have who due to an oversight ignores a tender until after the selection process has been completed and the successful tenderer notified.

See link for details - http://www.theqsi.co.uk/branch.asp?events=nw Associated Link :

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   7/1/2011

Subject: Hot Tips

Description: Hot Tips - Contractor in Administration - What Actions Should the Employer Take?

Even though disappointing news in the construction industry is currently commonplace, shockwaves are still being felt, following headlines in the construction press, during the run up to Christmas, of Connaught and Rok going into administration. What is the effect of administration and how should an employer react on discovering that this has happened on one of its sites? The purpose of administration is to provide a company, which is struggling financially, with breathing space, to allow it to get back onto its feet. The administrator should try and continue operating the company as a going concern. During a period of administration, which lasts for a maximum period of 12 months, a court order forbids any form of legal action, without the court’s permission, being brought against the company. Whilst the purpose of administration is to rescue the company, work on most construction projects soon grinds to a halt with little likelihood of it ever being restarted. An employer needs to take urgent action when this occurs. Securing the site and making it safe are first priorities. A check with the administrator as to the situation concerning insurance is recommended, followed by making good any short fall. Most standard forms of contract allow for the contractor’s employment to be terminated, once an administrator is appointed. If there is no such provision, then the employer will have to terminate due to the contractor’s fundamental breach of contract in ceasing work; this will allow for the appointment of a replacement. Once a contractor has gone into administration and its employment terminated, no further payment need be made, even if money has already been certified, until all work on the project has finished and the employer’s expenditure in completing the work has been taken into account. Associated Link :

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   6/1/2011

Subject: Morgan Sindall Wins Contracts Worth £50m

Description: Contracts for Halls of Residence

Morgan Sindall has been awarded two contracts for the construction of halls of residence by the University of Reading and North Lanarkshire Council.Associated Link : http://www.thebusinessdesk.com/westmidlands/news/112017-morgan-sindall-wins-50m-construction-contracts.html?utm_source=newsletter&utm_medium=email&utm_campaign=_6th_Jan_2011_-_Daily_E-mail

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   22/12/2010

Subject: Chester Regeneration Plans Submitted

Description: £2m-worth of Public Realm Works

A planning application has been made for £2 million of public realm works around Chester's cathedral which will create a new city square.Associated Link : http://www.planningresource.co.uk/bulletins/Planning-Resource-Daily-Bulletin/News/1047517/Plans-submitted-Chester-regeneration/?DCMP=EMC-DailyBulletin

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   21/12/2010

Subject: Tender Notice

Description: Quantity Surveying Services

Blackpool Council has issued a notice for consultant quantity surveying, contract administration and CDMC services for the Wintergardens Blackpool. Associated Link : //ted.europa.eu/udl?uri=TED:NOTICE:377765-2010:TEXT:EN:HTML&src=0

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   7/12/2010

Subject: Work Begins on £27m Shard Village

Description: Urban Village to Regenerate Area

Barratt West Midlands has commenced work at Shard End, Hodge Hill, which will comprise an extensive new shopping centre, a new library, 191 new homes and community facilities. The urban village is intended to act as a new focus for the local community. The Home and Communities Agency has put £4.8m into the scheme. Associated Link : http://www.homesandcommunities.co.uk/urban-village-in-Shard-End?p=0&f=8

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   6/12/2010

Subject: Allegations of QS' Professional Negligence Struck Out

Description: Claim Lacked Particularisation and Expert Evidence to Support It

The claimant quantity surveyors sought payment of their fees of £98,000. After the claimant commenced proceedings in April 2010, the defendant, Corporate City Developments, CCD, made allegations of professional negligence and counterclaimed £300,000. CCD agreed to provide proper particulars of the allegations of negligence, causation and loss, by way of an application to amend, to be made no later than 12 November 2010. Failing this, the part of their defence and counterclaim which alleged poor performance and loss would be struck out.

At a hearing on 26 November, CCD applied to amend. The claimant opposed the amendment relating to the alleged professional negligence because CCD had not provided proper particulars and had therefore failed to comply with the terms of the agreed unless order. Because the application raised a potentially important point as to the proper practice for the pleading of claims for professional negligence, the judge provided more detailed reasons for his judgment.

The claimant worked on two projects for CCD, neither of which received planning permission. When its fees were not paid, the claimant served a statutory demand. After a meeting in February 2009, the parties reached a compromise agreement, which was countersigned by CCD. However, CCD later argued that the agreement was not binding and, in any event, had been superseded by a later letter agreement. CCD had not paid any fees under this later agreement either.

Paragraph 16 of CCD’s proposed amendment contained its allegations of professional negligence against the claimant, and alleged that CCD had incurred additional and/ or wasted costs of £300,000 plus the additional costs of servicing loans because of delays to the projects caused by the claimant.

PARTICULARISATION OF CLAIM

CPR 16.4(1)(a) requires that a particulars of claim must include “a concise statement of the facts on which the claimant relies”. Therefore, where the particulars of claim contain an allegation of breach of contract and/or negligence, it must be pleaded in such a way as to allow the defendant to know the case that it has to meet. The pleading needs to set out clearly what it is that the defendant failed to do that it should have done, and/or what the defendant did that it should not have done, what would have happened but for those acts or omissions, and the loss that eventuated. Those are ‘the facts’ relied on in support of the allegation, and are required in order that proper witness statements (and if necessary an expert’s report) can be obtained by both sides which address the specific allegations made.
It was plain to the court that the amendments in paragraph 16 failed to meet those criteria. It was impossible to work out from those generalised and generic allegations what particular matters were being alleged against the claimant. It would be impossible for a solicitor to take a witness statement from those involved in providing the services in question which could hope to meet these points, because no details had been provided for a prospective witness to accept or dispute. Therefore, Paragraph 16 was not a proper pleading of a case of professional negligence.
Paragraph 36 was also not a proper pleading of causation and loss. It was not possible to determine from the summary what facts CCD were relying upon to support their particular allegations of professional negligence. There was no answer to the question: but for the negligence, what would have happened and why, and the damages claimed were totally unparticularised.
EXPERT EVIDENCE

Even though the work which CCD complained of had been completed three years previously, there was no expert evidence to support the allegation that it had been inadequate. It was simply not good enough to turn a positive contractual obligation into an allegation of professional negligence by adding the words “failing to” to the obligation, and also wholly inappropriate to do so in circumstances where there was no expert input to allow CCD to make such an allegation in the first place. It was standard practice that, where an allegation of professional negligence is to be pleaded, that allegation must be supported (in writing) by a relevant professional with the necessary expertise except in cases of solicitors’ negligence or in some exceptional cases. Although the claim had existed for many years, CCD had failed to appoint any experts to support their allegations. It was wrong in law and practice to make allegations which were not supported and they should be struck out.
Copyright: Building Law Information Subscriber Service (BLISS) 2010.Associated Link :

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   6/12/2010

Subject: More Problems on the Edinburgh Tram

Description: More Resign from Transport Initiatives Edinburgh (TIE)

Three more senior staff have resigned from Transport Initiatives Edinburgh (TIE), the client for the Edinburgh Tram. The scheme has been beleagured by delays and cost overruns. Contractor Bilfinger and Berger is threatening to take legal action against the chair of TIE for "publicly discreting" it.Associated Link : http://www.theconstructionindex.co.uk/news/construction-news/more-quit-edinburgh-tram-project

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   30/11/2010

Subject: QSi Branches now In formation - From General Council Meeting Held last Week

Description: QSi Branches now In formation - From General Council Meeting Held last Week

QSi Branches now In formation - From General Council Meeting Held last Week The new branch network structure was an agenda item at the meeting of the General Council held last week. In particular, items suggested by two of the representatives in the North West were discussed, and I now list below the main thoughts and outcomes of the General Council: Lapsed Members: It is hoped that the branch network may be a good way to entice back old members who left due to the lack of networking opportunities. We will email these ex-members centrally informing them of the new structure. It is important therefore that branches arrange networking opportunities where possible. Students: We should continue our effort to market students. Each region should be encouraged to make links with local universities offering membership to students (which is free). We currently offer student prizes and run CPD events which could be extended across the country. Most universities have a day where outside organisations can come in and explain what they have to offer. Branch representatives should therefore ensure they are in contact with their regional universities. CPD Events: Each region should be encouraged to run CPD events for members, potential members and students. Links with the local CIOB, or other such bodies, would be useful. We have held successful joint events with them in the past on the basis that we would share any loss. All branches to be asked to make contact with their local CIOB. A bank of CPD events which people are prepared to provide outside of their region to be set up (assuming volunteers are forthcoming). An article to be placed in the QS Eye asking for volunteers to give CPD events. Advertising: Events need to be advertised beyond our membership. This will be done by the BLISS Books database. To access this please email your information to admin@theqsi.co.uk. Website: The map of the UK is now available on the website and needs to be populated with the names of our volunteers. If your name does not currently appear on the website, please let me know at admin@theqsi.co.uk. It is essential that we show that we are a global organisation, and the map is to be extended to include the rest of the world shortly. LinkedIn: Each branch can have a sub-group on our Linkedin profitle if there are enough members in each area. Andrew Williams is happy to set up this facility if you require his help. More Volunteers: The email requesting volunteers is to be resent, making them aware particularly of those geographical where we have vacancies. It was agreed that Scotland ideally should have several regions, if there are enough volunteers to cater for this. Associated Link :

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   29/11/2010

Subject: Planning Approval Granted for £150m Gateshead Regeneration

Description: Application Submitted by Spenhill

Gateshead Council has granted Spenhill, Tesco's regeneration subsidiary, planning permission for a £150 million regeneration of the town centre. Associated Link : http://www.cnplus.co.uk/8608581.article

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   29/11/2010

Subject: Rhead Group Buys Construction Consultant Alway Silver

Description: Integration of Two Companies Announced

The Rhead Group has announced the integration of construction consultants Alway Silver, which comprises contract consultants Alway Associates, project managers Brunswick IS and the Construction Study Centre.Associated Link : http://www.alway-associates.co.uk/latest-news.asp

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   26/11/2010

Subject: NEC 3 Rejected for Glasgow Games Arena

Description: Commonwealth Games Arena to be Building Using SBCC/ JCT Contracts

The £96m National Indoor Sports Arena for the 2014 Commonwealth Games in Glasgow will be built by contractors Sir Robert McAlpine using SBCC/JCT contract documentation. Mike Barlow, a partner in MacRoberts LLP's Construction Group, said: "In the context of the Glasgow 2014 Games and the Scottish construction market, the decision to use SBCC/JCT documentation rather than NEC3 is understandable.
“A number of observers perceive that the administrative burden of operating an NEC3 contract is greater than an SBCC/JCT contract, and bearing in mind the budgetary constraints on the Glasgow 2014 Games, the desire to keep project management teams as streamlined as possible is likely to have contributed to the decision to use SBCC/JCT.
“It is also fair to say that most industry players in Scotland are much more familiar with the SBCC/JCT forms of contracts than NEC3, so using SBCC/JCT avoids the need for parties to undergo a learning curve on such a critical project." Associated Link :

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   23/11/2010

Subject: Government Approves Preston Redevelopment

Description: £700m Scheme Gets Planning Permission

The controversial £700m redevelopment of Preston town centre has been gven planning permission by the government. The scheme has been the subject of fierce debate as other neighbouring councils have been concerned that the scheme take shops and jobs away from their own town centres.Associated Link : http://www.prestoncitizen.co.uk/news/8682066.Tithebarn_battle_bill_costs_Lancashire_councils___500k/

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   19/11/2010

Subject: Balfours Picks Up Parts of Rok

Description: Business to be Integrated into Mansell

Balfour Beatty has acquired parts of Rok for a payment of £7m, partly in cash with the balance to be paid when the contracts are transferred. The business and 351 employees will be absorbed into Mansell. The acquisition will enable Balfour Beatty to expand its affordable housing interests in the North West and South West.Associated Link : http://www.balfourbeatty.com/bby/media/press/2010/2010-11-19/

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   15/11/2010

Subject: Carillion to Slash Supplier List

Description: Suppliers to be Cut by up to 80%

Carillion has confirmed that it is to reduce its suppliers from around 25,000 to just 5,000. Subcontractors will be assessed on a number of criteria, including health and safety, price and reliability. The favoured few will benefit from increased workloads.Associated Link : www.cnplus.co.uk/860869.article

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   15/11/2010

Subject: Government Approves Manchester "Super Council"

Description: First City-Region Authority Outside London

The new Greater Manchester Combined Authority will bring together the city-region’s ten councils, and will have responsibility for strategic decisions on economic development, regeneration, transport and housing. It will also be the accountable organisation for the LEP which was approved last month.Associated Link : http://www.planningresource.co.uk/bulletins/Planning-Resource-Daily-Bulletin/News/1040978/Manchester-super-council-gets-ministerial-approval/?DCMP=EMC-DailyBulletin

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   8/11/2010

Subject: ROK Goes into Administration

Description: Suspension of Shares Expected

ROK, Britain's "Local Builder" has been placed in administration, threatening hundreds of jobs. The company's profits had halved and there were probablems obtaining refinancing.Associated Link : http://www.thebusinessdesk.com/northwest/news/87186-rok-in-a-hard-place.html?news_section=28384

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   5/11/2010

Subject: Construction Minister Warns of Fee Cuts

Description: Reduction in Fees Part of Government Cost-Cutting

In a speech to the RICS, the Construction Minister, Mark Prisk, has warned that the government will squeeze suppliers as part of the spending cuts, and that this will lead to lower fees.Associated Link : http://www.building.co.uk/5008003.article?origin=bldgqsnewsnewsletter

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   5/11/2010

Subject: Construction Slow Down Hits Baqus

Description: QS Practice Loses £1.1m

Baqus, the AIM listed quantity surveying firm, has made a full year loss of £1.1m. The group has blamed the construction industry downturn for the latest figures, but remains optimistic about the future.Associated Link : http://www.thebusinessdesk.com/northwest/news/86701-baqus-pushed-into-the-red-by-construction-slowdown.html?news_section=4150

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   5/11/2010

Subject: Bilfinger and Berger Rejects Edinburgh Tram Allegations

Description: Threatens Legal Action Against Former Transport Authority Head

German contractor Bilfinger and Berger has hit out against accusations by Edinburgh’s former head of the public transport authority that it has been responsible for delays on the project. The contractor says that Mr. David Mackay, who has resigned, has damaged the company’s reputation by his comments. Bilfinger and Berger says that its position has been supported by the adjudication decisions which have been made in its favour. Associated Link : http://www.bilfinger.de/en/Press/Press-Releases/2010/Edinburgh-Tram-Bilfinger-Berger-vehemently-denies-allegations

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   2/11/2010

Subject: £70m Investment Fund for Scottish Offshore

Description: Fund Will Secure Scotland is at Forefront of Offshore Green Economy

Scottish First Minister, Alex Salmon, has announced the establishment of the National Renewables Infrastructure Fund at RenewableUK 2010, the wind and marine energy industry body's annual conference & exhibition in Glasgow.
The Fund will used to strengthen manufacturing and the supply chain for offshore wind turbines. Associated Link : http://www.scotland.gov.uk/News/Releases/2010/11/02131033

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   31/10/2010

Subject: The QSi now has 91 Legal Summaries

Description: 91 Legal Cases on the QSi Website

There are now 91 easy to read legal summaries in the QSi knowledge bank.
If you have a legal problem on one of your projects, the knowledge bank will probably supply you with an answer.
It’s reason enough for joining the QSi.
For more information go to www.theqsi.co.uk or www.theqsi.com Associated Link :

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   29/10/2010

Subject: Owner Entitled to Security under the Party Wall Act

Description: Surveyor Erred in Interpretation of Section 12(1)

The defendant owned a site next door to the claimant, and intended to carry out some construction work. He gave the claimant notice under section 6(1) of the Party Wall Act 1996, which stated:

“It is intended to build within 3 and 6 metres of your building and to a depth as defined in the Act, by carrying out the works as detailed below.”

The notice added n capital letters that: “IT IS NOT PROPOSED TO UNDERPIN OR OTHERWISE STRENGTHEN THE FOUNDATIONS OF YOUR BUILDING”.

The notice added that if the claimant did not consent to the works within 14 days, he would be deemed to have dissented under section 6(7), so that a difference had arisen. Both parties appointed surveyors to represent them and they appointed Mark Whittingham as the third surveyor.

The part of Mr. Whittingham’s decision which caused the claimant to appeal was item 3 relating to his request to provide a bond or a project-specific insurance policy in respect of potential damage to the his premises during the works. Mr. Whittingham ruled that a bond or other form of security could not be requested under section 12(1) of the Act unless the building owner intended to carry out some work on the adjoining owner’s land. Each member of the design team and the building owner were only required to obtain professional indemnity insurance cover for a minimum value of £2m after the substructure works were completed and provide the adjoining owner with evidence of the same. He ruled that no supplementary project-specific insurance was required. The claimant appealed.

Section 12(1) of the Act provides:

“Security for expenses
“An adjoining owner may serve a notice requiring the building owner before he begins any work in the exercise of his rights conferred by this Act to give security as may be agreed between the owners or in the event of dispute determined in accordance with section 10.”

The claimant argued that the plain meaning of section 12(1) was that an adjoining owner has the right to request security from a building owner, that there was no restriction on the right to request security and that it was not limited to cases where the building owner intended to carry out work on the adjoining owner’s land. The claimant maintained that “rights conferred by this Act” included rights derived from sections 6(1) and 6(2). The claimant also pointed to the definition of “building owner” in section 20, which is “an owner of land who is desirous of exercising rights under the Act”.

The judge referred to the commonsense construction rule in construing sections 6 and 12(1) of the Act. The authorities showed that when the provisions of the relevant Act are operated, the common law rights are “supplanted” or “substituted” by the rights under the Act in relation to matters dealt with under the Act. Section 6(10) preserved common law rights for injury, but not for loss and damages which was dealt with under section 7(2). Without this provision, the inference would be that section 6 did affect the rights of the adjoining owner. The rights of the building owner were supplanted or substituted by section 6, so that the right to carry out works within 3 or 6 metres of the boundary was supplanted by the provisions of section 6, which preserve certain rights under section 6(10).

In the judge’s view, section 12(1) of the Act applied to all cases where the building owner was exercising his rights under the Act, and that included exercising the supplanted or substituted rights under sections 6(1) and section 6(2). There was no reason why it should not apply to work on the adjoining owner’s land, and the provisions of the Act did not draw a clear distinction in that respect. In principle, and on the facts of the present case, the carrying out of work within 3 or 6 metres of the boundary would be as likely to cause loss or damage so as to justify security as would works undertaken under section 6(3) or any of the other provisions of the Act. Where work is being carried out under a number of sections, it did not make sense to grant security for some parts of the works but not others when liability for loss or damage under section 7(2) would apply to all the works.

Mr. Whittingham had erred in ruling that the claimant was not entitled to security under section 12(1) because he had wrongly held that the building owner was not exercising rights conferred by the Act in carrying out such work. Sections 6(1) and 6(2) did confer rights and section 12(1) security could be requested for that work.
There was no requirement under the Act that security could only be requested where the building owner is proposing to carry out some work to the adjoining land or property.
Kaye v Lawrence, [2010] EWHC 2678 (TCC)Associated Link :

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   27/10/2010

Subject: Davis Langdon Appointed to £250m Deal

Description: Appointment on First Sustainable Energy Park in the UK

Waste management specialist, Peterborough Renewable Energy Ltd (PREL), has appointed Davis Langdon, an AECOM Company, to act as Owner's Representative on site to oversee the construction of the first sustainable Energy Park for the UK. Associated Link : http://www.theconstructionindex.co.uk/news/construction-news/prel-appoints-davis-langdon-in-250-million-deal

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   26/10/2010

Subject: Easier Procurement to Save Industry Millions

Description: Standard Pre-Qualification Questionnaire Introduced

The Business Minister, Mark Prisk, has announced the introduction of a Standard Pre-Qualification Questionnaire which will standardise the questions companies are asked when they bid for government contracts instead of having to respond to a different set of questions with each tender. The Questionnaire, PAS 91, has been developed in partnership with the British Standards Institution. The National Specialist Contractors Council has estimated that the cost to the industry and its clients of wasteful prequalification processes at £250 million each year. Associated Link : http://www.bis.gov.uk/policies/business-sectors/construction/specification

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   25/10/2010

Subject: UK's First National Infrastructure Plan

Description: Plan Outlines "Vision for the Future"

Speaking at today's CBI Conference, the Prime Minister has announced the publication of the country's first National Infrastructure Plan, which sets out the investment envisaged by the government. Projects include transport, energy, sustainability and waste reduction projects.Associated Link : http://www.hm-treasury.gov.uk/ppp_national_infrastructure_plan.htm

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   22/10/2010

Subject: Is Malcom Tailor right - Have the RICS marginalised the QS?

Description: Is Malcom Tailor right - Have the RICS marginalised the QS?

Malcolm Taylor is a retired quantity surveyor and he has written an article highly critical of RICS policy towards QS members.

He indicates that with the Agenda for change an unrecognisable RICS has emerged and the QS has been marginalized.

Who agrees and who disagrees?

email your thoughts to admin@theqsi.co.uk Can Quantity Surveyors International help to redress the balance? Associated Link :

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   22/10/2010

Subject: Government Scraps Severn Barrage

Description: Scheme Would be High Cost and High Risk

After a two-year feasibility study, the government has abandoned plans to use the Severn's tides to generate power. Apart from the finding that other alternatives would be lower risk, it was unlikely that the scheme would attract sufficient private investment in the current economic climate.Associated Link : http://www.planningportal.gov.uk/england/government/news/archive/2010/oct10/2010_10_week_3/211010_3

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   22/10/2010

Subject: Are We Being Served?

Description: Comment on Need for a New Body for Quantity Surveyors

The author comments on the need for a new body for QSs, which would properly serve their needs.Associated Link : http://www.building.co.uk/comment/are-we-being-served?/5007606.article

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   15/10/2010

Subject: QSs No Duty of Care in Reltion to Defects

Description: No Imposition of a Duty Beyond Reasonable Skill and Care

The claimants sought to recover damages for what they alleged were defects in the design of their house in Surrey. The first defendants were the contractors and the second defendants were the architects. The present application arose from the claim against the third defendants, McBains Cooper, who acted as quantity surveyors. There were two allegations against McBains Cooper: that they overvalued the works and they owed the claimants a duty of care to “to only value work that had been properly executed by the contractor and was not obviously defective”. More than half of the hundreds of items in the Scott Schedule were said to constitute individual breaches of this obligation by McBains Cooper. The first allegation was outside the scope of the present application. McBains Cooper sought to strike out the defects claim on the ground that they did not owe the duty of care alleged. In response, the claimants applied to amend their particulars of claim.

The leading authority on the duty owed by quantity surveyors in respect of defects is Sutcliffe v Chippendale & Edmondson, (1971) 18 BLR 149, and the court considered that case and also the relevant textbooks before turning to the evidence in the present case.

EXISTENCE OF A CONTRACT

There was no written or oral contract between the claimants and McBains Cooper. McBains Cooper had been introduced by Mr. Walls who worked for the defendant architects who wrote to the claimants recommending that a QS be appointed to “ensure some safeguard in the administration of the contract”. Mr. Walls sent McBains Cooper’s Mr. Runnicles a letter from the claimants asking him “to proceed along the lines outlined in your letter”. Thereafter, McBains Cooper was named in contract as the quantity surveyors. The contract between the parties was evidenced by this letter and the parties’ subsequent conduct. Since there were no express terms, the terms which claimants argued for had to be implied.

IMPLIED TERMS

McBains Cooper’s Mr. Crook accepted that he had been aware of the terms of the building contract, and was aware of the obligation on the part of the quantity surveyor to include in his interim certificate a percentage based on the value of the works ‘properly executed’. Consequently, in the judge’s view, the claimants would be right to assert that in order to give the contract business efficacy, it contained an implied term that McBains would act with the reasonable skill and care of quantity surveyors of ordinary competence and experience when valuing the works properly executed for the purposes of the interim certificates. This implied term arose because that was what Mr. Crook had agreed to do, and all the parties to the contract knew that it was a requirement of the building contract.

However, this was not the term which the claimants sought to imply. Their proposed term omitted the ‘reasonable skill and care’ qualification, thus seeking to impose an absolute obligation, the breach of which is said to be measurable by results, as if it were a guarantee. It adds a word (“only value…”) for which there is no basis in the JCT contract. Most importantly, it then went on to create a positive obligation not to value work which was “obviously defective”.

On the basis of the material before him, the judge could see no basis in fact or in law for the positive duty as alleged in the amended particulars of claim. It could not be said to have been expressly agreed between the parties, and there was no legal foundation for implying such a term. Contrary to Judge Stabb’s conclusion in Sutcliffe, the claimants were seeking to turn the usual position on its head, to require the quantity surveyors to tell the architects about defective works (rather than the other way round), and to make the quantity surveyors liable for quality (at least to the extent that the defects were ‘obviously defective’) as well as quantities. Further the implied term sought would not pass the test in Liverpool City Council v Irwin, [1977] AC 239. The term was not necessary to make the contract work, and nor was the contract was unworkable unless the quantity surveyors, whose primary obligations were concerned with valuation, were also made responsible for inspections on quality matters. Such a term could be necessary in circumstances where, as everyone agreed, the architects and second defendants were obliged to perform precisely that task.
Copyright: BLISS Books Ltd. 2010.Associated Link :

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   11/10/2010

Subject: Edinburgh Tram Confusion

Description: Work Continues on Shelved Sections

There is more confusion on the Edinburgh Tram scheme as it has been revealed construction work is to continue on a shelved section of the route and on 10 vehicles which will now not be needed when the scheme starts running. The tram company, Tie, says it had no plans to halt ongoing work in Leith, which has been dropped from the initial phase of the troubled project.Associated Link : http://www.scotsman.com/news/Work-goes-on-at-shelved.6574109.jp

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   9/10/2010

Subject: No Bias by Adjudicator

Description: Volker Stevin Ltd. v Holystone Contracts Ltd., [2010] EWHC 2344 (TCC)

The defendant, Holystone, undertook drainage works for the claimant, Volker Steven (VS), under an NEC 3 subcontract. Work commenced in June 2009, but four months later, VS terminated the subcontract. Holystone maintained that VS had been in breach of contract and referred the dispute to adjudication. The adjudicator, Mr. P. R. Ainsworth concluded that the termination had been valid. Since this first adjudication did not consider the financial consequences of the termination, VS commenced a second adjudication. The notice of intention to seek adjudication sought a reasoned decision that Volker was entitled to “payment of any sums the adjudicator may determine as due to Volker under the subcontract in respect of the termination of the subcontract works”. The second adjudicator, Mr.
ay, decided that Holystone should pay VS £561,993.48 plus interest. This was not paid, and VS commenced the present enforcement proceedings.

Holystone argued that Mr.
ay’s decision was ineffective and, consequently, unenforceable for the following reasons:

He had diverged from the agreed contractual procedure in allowing VS to submit new material after the agreed deadline for submission of material;

He had permitted VS to change its pleaded case and pleaded monetary claim during the course of the adjudication proceedings and after Holystone had submitted its response to the referral;

During the adjudication proceedings and before the publication of the adjudicator’s decision, VS had wrongfully made the adjudicator aware that a without prejudice offer of settlement had been made, and this had caused him to be biased against them.

Even if these main arguments did not render the adjudicator’s decision invalid and unenforceable, enforcement of this decision would make Holystone insolvent, leading to its winding up. Holystone argued that this would cause a serious injustice because it would be prevented from referring the full dispute to arbitration.

SUBMISSION OF NEW MATERIAL

Both before and after the service of VS’ reply on 7th July, the adjudicator had sent a number of requests to them on some detailed quantum issues, particularly in relation to their spreadsheet, which contained details of actual and forecast costs and contained a formula by reference to which a factor uplift for completing the subcontract works was applied. VS had provided detailed responses to these requests, and during this the spreadsheet was amended. These amendments reduced the sums claimed. Holystone was provided with all the exchanges between VS and the adjudicator and the amendments to the spreadsheet were all provided to Holystone. They did not comment at all on that new material. On 13th July, the adjudicator had expressly invited them to deal with the material and, not having heard from them further, he repeated that request on 14th July. Holystone eventually replied at three minutes past four in the afternoon of 14th July, but made no complaint that they had had insufficient time to deal with any new issues raised by VS. The adjudicator then permitted VS to have the last word and they responded to Holystone’s points in a letter dated 15th July.

Mr.
ay had not exceeded his jurisdiction. He had been entitled to make these enquiries and to take note of the responses. If an adjudicator requires further information to enable him to make his decision, he is entitled to ask for it. Clause W2.3(2) of the NEC 3 contract specifically entitles the adjudicator to have regard to “any further information from a party”, although the suggestion is that such information has to be provided within 14 days of the commencement of the adjudication. The adjudicator may take the initiative and ask for additional information if he requires it.

The adjudicator must ensure that the process is fair, and he had done this by making sure that Holystone had seen this new information. There had been no breach of natural justice; nor had the adjudicator acted in excess of his jurisdiction or unfairly.

AMENDMENT OF THE CLAIM

VS had reduced its claim in the spreadsheet prompted by some points made by Holystone in its response. The change in the value of the claim could not give Holystone any right to complain. It was inevitable in complex construction claims that figures might change as more information becomes available. The adjudicator had the jurisdiction to deal with this amended and reduced figure, not least because the original notice of intention to refer did not confine the dispute to a particular claim figure, but said instead that Volker would seek “such sum as the adjudicator determined”. Holystone had been given the figures and had commented on them. There was no breach of natural justice.

WITHOUT PREJUDICE OFFER

Before the commencement of the adjudication, the parties had a without prejudice meeting to discuss VS’ claim. At this Holystone had made a without prejudice offer to settle. Following this VS’ solicitor had written to Mr.
ay expressing concern that Holystone was referring to what had transpired at this meeting. . However, in relation to payment of the adjudicator’s fees, VS said they were prepared to waive privilege to allow Holystone to inform the adjudicator of the amount and terms of its offer to settle. They were also prepared to concede that in the event that the adjudicator’s decision did not exceed that amount, this might be taken into account when deciding who was to pay the adjudicator’s fees in the same way as a Calderbank or Part 36 offer.

Despite their own references to the meeting, Holystone, complained that this reference to the offer was improper. Before he made his decision, the adjudicator stated that he “had not been informed in any way either by Holystone’s information in its response or Volker’s disclosure”. The issue was whether the adjudicator’s knowledge of this without prejudice offer made by Holystone to VS meant that he had been unconscionably biased against them.

The judge applied the test in In Re Medicaments and Related Classes of Goods (No. 2), [2001] 1 WLR 700, concluding that a fair minded and informed observer would not come to the conclusion that there was a realistic possibility that the adjudicator had been biased. On the face of both his letter of 19th July and his decision, the adjudicator had treated his knowledge of the fact of the offer as irrelevant. There was also other evidence that supports that conclusion. An adjudicator, like a judge, would expect there to be negotiations between parties, and it was unlikely that Mr.
ay would have been surprised that an offer had been made.

HOLYSTONE’S POTENTIAL INSOLVENCY

There was no evidence that, if the adjudication decision were enforced, that Holystone would go into liquidation. Even if there were such evidence, the point was irrelevant on such an enforcement application. The court had set out the principles of enforcement, and a losing party should not be able to avoid paying simply by pleading poverty.
Copyright BLISS Books Ltd. 2010. Associated Link :

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   9/10/2010

Subject: I Didn't Say That

Description: No Evidence of Terms of Agreement

The decision in Alton B. Copeland Ltd. v Orkney Builders (Contractors) Ltd., [2010] CSOH 135, illustrates the importance of recording all the elements of a contract in writing, rather than relying upon oral agreement or a handshake, even when the parties concerned have been dealing with each other for a long period.Associated Link : http://www.blissbooks.co.uk/news.php

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   4/10/2010

Subject: Government Announces Northern High Speed Rail Option

Description: Y Route Favoured

Transport Secretary Philip Hammond has today (4 October 2010) announced which network option the Government prefers for taking high speed rail north of Birmingham.
The Government will consult early next year on building a ‘Y’ shaped high speed rail network with separate legs from the West Midlands to each of Manchester and Leeds. A Y shaped route would allow the East Midlands and South Yorkshire to be served by the high speed rail network, as well as Leeds, Manchester and the North West.
Mr Hammond has been considering advice from HS2 Ltd - the Government company set up to examine the case for high speed rail - on the relative benefits of the 'Y' route against a 'reverse S' shaped route from Birmingham to Manchester and then across the Pennines to Leeds. HS2 Ltd found that the Y network would deliver a total of £25 billion more benefits than the reverse S.
HS2 Ltd published detailed route proposals for a high speed rail line from London to Birmingham earlier this year. Work is currently underway to refine the preferred route identified in that report and the Secretary of State will set out the Government’s final preferred route for consultation later this year.Associated Link :

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   4/10/2010

Subject: Peel Plans Massive Liverpool Development

Description: Redevelopment of Docks Area

The Peel Group has submitted the largest UK planning application for the redevelopment of the Liverpool Docks. The scheme, called Liverpool Waters, covers 150 acres and will include an investment of £5.5bn. Peel hopes to create a mixed use waterfront development including a 55 storey tower, the tallest building outside London, that will create thousands of jobs. Associated Link :

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   2/10/2010

Subject: The Tree preservation paperwork to be lopped

Description: The Tree preservation paperwork to be lopped

There are proposals which will prune (sorry about the pun) tree preservation paperwork and reduce red tape.

The existing sets of regulations and orders covering tree preservation orders will be streamlined into one document. It is hoped that the move will save local councils more then £500,000 in administration costs each year.

The main changes proposed involve simplifying all existing TPOs by bringing them into line with a new shorter and easier to understand model order which would basically comprise a list of trees and a map identifying the trees protected. Associated Link :

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   1/10/2010

Subject: Dublin City University Advertises Tender for Design Team Services

Description: Quantity Surveying Services- Lot 2

The proposed Nano-Bioanalytical research building will be a purpose built facility of approximately 3 000 m² in size. The building will have significant laboratory spaces of clean room standard and vibration free features. There will be elements of containment, both gas and drainage. The building will have environmental and sustainable features. It is envisaged that the Project will be completed and the accommodation will be available for use by Quarter 4 2014. Associated Link : http://ted.europa.eu/udl?uri=TED:NOTICE:292241-2010:TEXT:EN:HTML&src=0

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   1/10/2010

Subject: Changes to Professionals' Legislation in Nambia

Description: Council Will Prescribe Work to be Reserved for QSs

The Namibian Architectural and Quantity Surveying Professions Bill which was put before in Parliament on Tuesday, Works and Transport Minster Erkki Nghimtina said the new legislation would officially recognise architectural technicians and technologists, quantity surveying technicians, interior decorators and landscape architects as professionals.
Under the proposed Act, the existing Council of Architects and Quantity Surveyors, will be renamed Namibia Council for Architects and Quantity Surveying Professionals. The council will prescribe the kinds of work in the fields of architecture and quantity surveying which must be reserved for them and prescribe minimum tariffs and fees they may charge.Associated Link :

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   1/10/2010

Subject: Thirty Year Redevelopment Plan Announced for Birmingham

Description: New Station and Library Planned

Birmingham City Council has unveiled a 20-year strategy for redeveloping some 800 hectares of the city centre. The first stage of the Big City Plan includes the £600m Gateway Project to redevelop New Street station and the £193m revamp of Birmingham Library.
The second stage will see the construction of over 1.5m sq m of new office, retail, leisure and cultural floor space, more than 5,000 new homes, and improvements to and the development of new public spaces. The five key areas of transformation will be based around New Street Station, Westside, the Snow Hill District, Eastern Core Expansion and The Southern Gateway.Associated Link :

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   1/10/2010

Subject: Bank's Step-in Rights in a Collateral Warranty

Description: Royal Bank Of Scotland Plc v Chandra, [2010] EWHC 105 (CH

The Royal Bank of Scotland plc agreed to provide finance to the defendants’ company for the acquisition of a property to be developed into a hotel under an amended JCT Standard Form of Building Contract 1998 Edition with Quantities. Costain Limited was the contractor. As part of the pre-conditions to drawdown of the funds, the bank was granted a collateral warranty from the contractor in its favour.
The first finance agreement, executed on 20 September 2000, required a number of conditions to be satisfied before the company was to entitled to draw down under the facility. In particular, security had to be provided in the form of a debenture creating fixed and floating charges over the company’s undertaking and assets, a fixed charge over the property and “Collateral Warranties” defined as “collateral warranties in favour of the Bank to be executed by each member of the Professional Team in a form and substance satisfactory to the Bank.” Importantly, the “Professional Team” included the contractor, Costain.
The warranty provided by Costain in this case was unusual and fairly unique in that, instead of the step-in provisions conferring a right exercisable only at the option of the bank, it was a mandatory provision, requiring the bank to step-in. The evidence made it clear that the bank had taken the unusual step of agreeing to this because the contractor had been concerned about the ability of the defendants’ company to meet its obligations under the building contract and had refused to enter into the building contract unless the bank provided some form of security. The bank had not been prepared to agree an escrow account, but had agreed to a step-in obligation as an alternative means of providing this security, not envisaging circumstances in which the defendants’ company would default since the defendants’ company would be funded by the bank. The bank took the view that, in any event, it would be likely to wish to exercise step-in rights in order to complete the development.
The cost of the development began to rise, and the bank became concerned as to whether the defendants would be able to complete the development. The bank therefore appointed administrative receivers over the defendants’ company and assets. The contractor suspended works and subsequently gave notice that it wanted the bank to step-in. It pointed out to the bank that the step-in provisions in the collateral warranty were mandatory and not optional. The bank was happy to step-in via an SPV nominee owned by the receivers’ firm on the basis that, since the development was not far from practical completion, it was important to retain the original contractor, and any delay in carrying out the works would lead to further claims even if Costain continued as the contractor.
The following structure was therefore put in place in September 2003: the bank nominated the SPV by notice dated 12 September 2003, and in accordance with the terms of the warranty, the bank guaranteed the liabilities of the SPV under the building contract to the contractor. Under a letter dated 18 September 2003, the defendants’ company and the SPV also agreed that since the SPV was carrying on the building contract as agent for the defendants’ company, the defendants’ company would indemnify the SPV against all liabilities. The funding to complete the development was advanced by the bank to the company in receivership. The property was then sold, leaving a large shortfall on the amount due to the bank. The bank therefore brought proceedings to enforce various guarantees given by the defendants in respect of the borrowings by the defendants’ company.
The defendants argued that its company was under no liability either to the SPV or the bank after the appointment of the receivers. They argued that there had been undue influence and breach of equitable duty, and that:
“By the terms of the collateral warranty and the step-in by the bank/SPV, the defendants’ company was completely released from any obligation to the contractor and the bank/SPV was instead obliged to replace the defendants’ company under the building contract;
“Although the property remained in the ownership of the defendants’ company and any increase in its value resulting from the completion of the building works would accrue to the benefit of the defendants’ company, it was the bank and not the defendants’ company which was obliged to complete the development;
“Given the above, the structure which was put in place in September 2003 was a “sham” since it had the effect of re-imposing a continuing liability on the defendants’ company in respect of the building contract which was the very liability from which the defendants had been relieved by means of the step-in.”
The High Court found in favour of the bank. The defendants’ company was found to have a continuing liability for the costs of completing the hotel because the bank would have been entitled to recover the costs incurred in completing the development as “expenses” as defined in the debenture.
It was also decided that the structure that was put in place in September 2003 had not been a “sham” since the judge was satisfied that in exercising its powers to enter into the agency agreement with the SPV and to borrow money from the bank to complete the development, the receivers were not acting under the control of or on the instructions of the bank but were exercising their own judgement. It was also the intention of the defendants’ company acting by its receivers that, as the employer under the building contract, the SPV should be the defendants’ company’s agent and that the defendants’ company should be liable for the further funds it borrowed from the bank. The judge also admitted that it would have been surprising if the bank were to be required to fund the completion of the hotel for the benefit of the defendants’ company without recourse to either the hotel or the defendants’ company.
The judge made it clear that, at least in accordance with the terms of the collateral warranty, following step-in, the defendants’ company had no further rights or obligations under the building contract in respect of future events, and was not therefore liable in respect of the completion of the development. The step-in wording in the warranty stated that the building contract was to continue in full force and effect as between the contractor and the bank and the SPV “to the exclusion of the Employer.” This was held to mean that the contract between the defendants’ company and the contractor was terminated.
The effect of the notice given by the bank pursuant to cl.10 was that “the Main Contract shall be deemed (as between the Main Contractor and the Beneficiary) to continue in full force and effect as if in all respects the Main Contract had been made between the Main Contractor and the Beneficiary or such other person as the Beneficiary may nominate to the exclusion of the Employer”. As a matter of law, a thing is deemed where it is not otherwise the case. The building contract was deemed to continue in full force and effect, as between Costain and the bank and its nominee, because as against the company it was terminated, as the words “to the exclusion of the Employer” made clear. This was underlined by the following three sub-paragraphs which provided that:
(i) All existing and future obligations of the company are assumed by the bank or its nominee;
(ii) Costain acknowledged all of its obligations under the building contract in favour of the bank or its nominee and:
(iii) The contract continued “otherwise with the intent that the [bank or its nominee and Costain] had been the original parties to the Main Contract”. This reflected a clear commercial requirement that there should be only one employer under the contract. The building contract conferred many rights and powers on the employer, and neither Costain nor the bank could sensibly tolerate a situation in which they might be exercised both by the company and by the bank or its nominee. Associated Link :

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   27/9/2010

Subject: Stoke Council Staff Suspended in Tendering Investigation

Description: Enquiry into Tendering Process

Six members of staff from Stoke City Council's Regeneration Directorate have been suspended pending an inquiry into the handling of tenders for demolition workk.
It is alleged there have been breaches of the rules governing contracts and financial regulations.Associated Link : http://www.regen.net/bulletins/Regen-Daily-Bulletin/News/1030999/Regeneration-staff-suspended-tendering-probe/?DCMP=EMC-Regen%20Daily%20Bulletin

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   27/9/2010

Subject: Procurement Poses Problems

Description: A joint seminar to be held with the APM on 3 February 2011 in Warrington

Venue: Room 4 Ltd, 58 Legh Street, Golborne, Warrington WA3 3PA

Time: 6.00pm Buffet, 6.30pm Presentation

Speaker: Roger Knowles FRICS FCIArb FQSi, Barrister

Cost: Free to APM and QSi members, £5.00 plus VAT for non-members

Content: The current financial situation has resulted in a down turn in work load in both the public and private sectors. Project Managers often find themselves forced to appointment on the lowest bid that is not always the lowest out turn cost. With this, adversarial attitudes are back in vogue and Contracts now being used reflect this attitude. How does the Project and Cost Management team successfully deliver the project in this environment? Many contractors having spent substantial sums of money on tendering find themselves in pole position to secure the work when the project is cancelled or shelved. Do they have any remedies for claiming reimbursement when this happens? The talk will deal with these problems and more. Associated Link :

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   25/9/2010

Subject: Hot Tips

Description: Hot Tips - Letters of Intent

Letter of Intent

Letters of Intent are common place on many construction projects. There is often an urgent requirement to commence work, but a relaxed attitude to entering into the contract, or a few sticking points which are taking time to iron out.

To enable work to commence, before the contract has been properly drawn up and signed, a letter of intent is often sent to the contractor or subcontractor to enable work to get underway.

On most projects the contract is ultimately signed and there are no problems. There are however an ever increasing number of examples of projects where work has commenced on receipt of a letter of intent, but for one reason or another, the contract is never signed. This can lead to disputes relating to the sum of money to be paid for the work undertaken.

Contractors and subcontractors who are instructed to commence work by means of a letter of intent need to ensure that in the letter of intent it is clear how the work is to be paid for and when the payments are to be made. This can be easily achieved by reference to the payment arrangements in a standard form of contract.
Those who are responsible for sending out letters of intent need to consider whether it is appropriate to place a cap on the sum to be expended prior to a formal contract being entered into. Associated Link :

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   23/9/2010

Subject: PPC/ TPC Conference 2010

Description: Survival of the Fittest: 10 Years of PPC

A one-day conference investigating how Project and Term Partnering can be used effectively and competitvely against a background of continuing economic uncertainty and impending cuts in public sector spending.
Conference enquiries and bookings to Shona Frame 020 8325 1402 or e-mail PPCUG@acarchitects.co.ukAssociated Link : ppc2000.co.uk

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   15/9/2010

Subject: HOT TIP

Description: HOT TIP

Hot Tips
Letter of Intent

Letters of Intent are common place on many construction projects. There is often an urgent requirement to commence work, but a relaxed attitude to entering into the contract, or a few sticking points which are taking time to iron out. To enable work to commence, before the contract has been properly drawn up and signed, a letter of intent is often sent to the contractor or subcontractor to enable work to get underway.
On most projects the contract is ultimately signed and there are no problems.
There are however an ever increasing number of examples of projects where work has commenced on receipt of a letter of intent, but for one reason or another, the contract is never signed.
This can lead to disputes relating to the sum of money to be paid for the work undertaken.
Contractors and subcontractors who are instructed to commence work by means of a letter of intent need to ensure that in the letter of intent it is clear how the work is to be paid for and when the payments are to be made.
This can be easily achieved by reference to the payment arrangements in a standard form of contract.
Those who are responsible for sending out letters of intent need to consider whether it is appropriate to place a cap on the sum to be expended prior to a formal contract being entered into. Associated Link :

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   15/9/2010

Subject: Iberdrola Plans £2.7bn Renewables Investment

Description: Investment in Wind Farms and Carbon Capture Schemes in Scotland

Spanish energy company, Iberdrola, the parent company of Scottish Energy, has announced plans to invest £2.7bn in renewable projects in Scotland. Associated Link : http://www.ukti.gov.uk/uktihome/home/localisation/117762.html

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   14/9/2010

Subject: Guidance on Bribery Prevention

Description: Consultation Launched

The Ministry of Justice has started a consultation procedure on issuing guidance to commercial organisations on preventing bribery.Associated Link : http://www.justice.gov.uk/consultations/briberyactconsultation.htm

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   13/9/2010

Subject: QS board chair steps down amid row over RICS' future

Description: According to reports QS board chair steps down amid row over RICS' future

According to media reports QS board chair steps down amid row over RICS' future - One more reason for being a member of the QSi Associated Link :

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   12/9/2010

Subject: Roger knowels Event - Procurement Poses Problems – Joint QSi / APM

Description: Roger Knowles event

Roger knowels Event - Procurement Poses Problems – Joint QSi / APM Speaker - Roger Knowles FRICS FCIArb FQSi Barrister
WHEN
3 February 2011 – It may be early but book now numbers limited to 70.

If you want to come please send us your details and numbers likely to attend.

WHERE?

Room 4 Ltd, 58 Legh Street, Golborne, Warrington WA3 3PA
TIME
6.00pm Buffet 6.30pm Presentation - 2.0 hours CPD Certificates
Free to QSi and APM members.
£5.00 plut VAT for non members.
Management of the procurement process for construction projects is a key responsibility of the Project Manager and Quantity Surveyor.
Roger Knowles will talk about the problems faced by both the Client project management team and the contractors in today’s economic climate.
The current financial situation has resulted in a down turn in work load in both the public and private sectors. Project Managers often find themselves forced to appointment on the lowest bid that is not always the lowest out turn cost.
With this, adversarial attitudes are back in vogue and Contracts now being used reflect this attitude. How does the Project and Cost Management team successfully deliver the project in this environment?
Many contractors having spent substantial sums of money on tendering find themselves in pole position to secure the work when the project is cancelled or shelved. Do they have any remedies for claiming reimbursement when this happens? The talk will deal with these problems and more.
MORE DETAILS
Room 4 is situated just off the A580, close to the M6 J23, in Golbourne, near Warrington in Cheshire. Pleanty of car parking. Associated Link :

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   10/9/2010

Subject: RICS Chairman Seps Down

Description: Departure Highlights Internal Wrangling

"Building" is reporting that Stuart Earl, a partner at QS Gleeds, is quitting as chair of the RICS QS board after a row between board members and the institution over the length of his tenure and the future direction of the organisation.Associated Link : http://www.building.co.uk/news/qs-board-chair-steps-down-amid-row-over-rics-future/5005380.article

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   10/9/2010

Subject: Morgan Sindall Scoops up Connaught

Description: £28m Deal to Take Over Existing Contracts

Morgan Sindall has completed a £28m deal to acquire the majority of ongoing contracts of the social housing division of Connaught and transer 2,500 staff to its business. Associated Link : http://www.thebusinessdesk.com/westmidlands/news/62541-morgan-sindall-swoops-on-connaught.html?utm_source=newsletter&utm_medium=email&utm_campaign=_10th_Sep_2010_-_Daily_E-mail

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   9/9/2010

Subject: Procurement Poses Problems – Joint QSi / APM Event

Description: Procurement Poses Problems – Joint QSi / APM Event

Procurement Poses Problems – Joint QSi / APM Event Speaker - Roger Knowles FRICS FCIArb FQSi Barrister WHEN 3 February 2011 – It may be early but book now numbers limited to 70. If you want to come please send us your details and numbers likely to attend. WHERE? Room 4 Ltd, 58 Legh Street, Golborne, Warrington WA3 3PA TIME 6.00pm Buffet 6.30pm Presentation - 2.0 hours CPD Certificates Free to QSi and APM members. £5.00 plut VAT for non members. Associated Link : Procurement Poses Problems – Joint QSi / APM Event

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   9/9/2010

Subject: QSi Linkedin now has a job board

Description: QSI Linkedin now has a job board!

Share and discuss jobs with group members here. Like all discussion, it's free! Want your job to reach 75 million top professionals across LinkedIn? Get started. Associated Link : http://www.linkedin.com/groups?jobsList=&gid=2598081&trk=anet_ug_jobs

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   8/9/2010

Subject: Scottish Government Warns Housing Associations of Tough Times Ahead

Description: UK Government Cuts will Impact on Provision of Social Housing

Housing and Communities Minister Alex Neil today warned Scotland's housing associations that the UK Government's planned cut in public spending will inevitably impact on the level of investment in social housing in Scotland.Associated Link : http://www.scotland.gov.uk/News/Releases/2010/09/08095818

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   7/9/2010

Subject: Connaught Environmental and Compliance Divisions Escape Administration

Description: Social Housing and PLC to go into Administration

Sources says that the environment and compliance divisions of Connaught will not be placed into administration, although both face that fate early as today. The Environmental and Compliance Divisions are to be placed in a separate vehicle and will receive funding while the management team remains in place to attempt to sell the divisions Associated Link : http://www.building.co.uk/sectors/housing/connaught-environment-and-compliance-arms-to-be-kept-out-of-administration/5005221.article

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   7/9/2010

Subject: Leeds Shopping Complex Property Event

Description: Forum will Explore Potential Benefits

Companies are being invited to explore how they can benefit from two major new developments in Leeds at Chamber of Commerce Property Forum on the 15th September.Associated Link : http://www.yorkshireeveningpost.co.uk/businessnews/Developers-share-Leeds-schemes39-benefits.6516387.jp

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   3/9/2010

Subject: Harland and Wolff Wins Offshore Wind Contract

Description: Contract for Two Offshore Substations

Engineering firm Harland and Wolff has been awarded a contract for the construction oftwo offshore substation platforms for energy giant Siemens.Associated Link : http://www.cnplus.co.uk/8605519.article

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   3/9/2010

Subject: 14% Fall in Construction Orders

Description: ONS Statistics Show a Second Quarter Drop

Figures from the Office of National Statistics indicate that construction orders fell by 14% in the second quarter of the year. Private housing suffered the largest fall.Associated Link : http://www.building.co.uk/5005127.article?origin=bldgbreakingnewsletter

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   3/9/2010

Subject: Japanese to Invest in Rochdale Development

Description: Part of £250m Redevelopment Plans

Plans for the redevelopment of Rochdale Town Centre are being backed by a £100m commitment from Kajima Partnerships, a subsidiary of Japan's Kajima Corporation.Associated Link : http://www.thebusinessdesk.com/northwest/news/59444-genr8-secures-100m-for-rochdale-scheme.html?news_section=4150

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   3/9/2010

Subject: Duty of Care and Supervening Event

Description: Action of Vandals a Supervening Event

The insurers of a church sued Chubb for providing a fire extinguisher which, when discharged, caused a mess which cost £240,000 to clean up. The extinguisher had been discharged by vandals who had gone into the church, The insurers sought to recover the clean-up costs. Chubb argued that the supervening event rendered them not liable.
Chubb Fire Ltd. v The Vicar of Spalding and The Churchwardens and Church Council of the Church of St. Mary and St. Nicholas, Spalding [2010] EWCA Civ 981Associated Link : http://www.blissbooks.co.uk/news.php

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   27/8/2010

Subject: Developers Shortlisted for "Vision for Lord's"

Description: £400m Regeneration of the Cricket Ground

Developers Native Land, Almacantar and Capital and Counties have made it through to the final stage of the competition to develop the first phase of a £400m regeneration of Lord’s cricket ground – the Vision for Lord’s.Associated Link : http://www.propertyweek.com/5004800.article?origin=PWbreakingnews

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   27/8/2010

Subject: Colchester Council to Sue Turner and Townsend

Description: Dispute over Vinoly Art Gallery

Colchester Council is setting aside £500,000 to pursue a claim against Turner and Towensend over its role in the ill-fated Vinoly Arts Centre project, which has been delayed by three years and is £10m over budget.Associated Link : http://www.building.co.uk/5004718.article?origin=bldgqsnewsnewsletter

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   26/8/2010

Subject:

Description:

Associated Link :

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   26/8/2010

Subject: Advisers Sought for Dubai/ UAE Infrastructure Development

Description: $54m Water Transportation Scheme

Dubai is looking to use a PPP model to procure its infrastructure, and is looking for consultants for a $54m water transportation scheme which will run along the coast of Dubai with the possibility of extending it to other emirates.Associated Link : http://www.ukti.gov.uk/uktihome/home/localisation/116468.html

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   24/8/2010

Subject: Interserve Appointed to Procure 21+ Framework

Description: Framework Worth £4.5bn

Interserve has been named as one of the six Principal Supply Chain Partners (PCSPs) in the new ProCure21+ framework agreement, estimated to be worth up to £4.5 billion over its six-year term.
ProCure21+ will begin operating on 1 October 2010. It is a new framework that will replace the current ProCure21 programme through which Interserve has undertaken 136 schemes on behalf of 52 NHS Trusts since its pilot in 2002. Like ProCure21 the framework will streamline and improve the procurement process for NHS Trusts across England. This will enable them to select an appropriate supply chain partner to deliver acute, primary care and mental health facilities. As with ProCure21, there is a commitment to long-term relationships, collaborative working, integrated supply chains and the use of target-cost contractsAssociated Link :

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   16/8/2010

Subject: CBI Demands Action on Suspended Power Plant Schemes

Description: 37 Schemes Identified

The Confederation of British Industry (CBI)is warning that proposals to replace the Infrastructure Planning Commission with the Major Infrastructure Unit where ministers make decisions about major infrastructure projects could delay vital energy schemes. The CBI has identified 37 threatened projects. Associated Link : http://www.thebusinessdesk.com/northwest/news/51407-cbi-calls-for-action-on-stalled-power-plants.html?news_section=4148

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   13/8/2010

Subject: Procurement Poses Problems – Joint QSi / APM Event

Description: Procurement Poses Problems – Joint QSi / APM Event

Procurement Poses Problems – Joint QSi / APM Event Speaker - Roger Knowles FRICS FCIArb FQSi Barrister
WHEN

3 February 2011 – It may be early but book now numbers limited to 70.
If you want to come please send us your details and numbers likely to attend.
WHERE?
Room 4 Ltd, 58 Legh Street, Golborne, Warrington WA3 3PA
TIME
6.00pm Buffet 6.30pm Presentation - 2.0 hours CPD Certificates
Free to QSi and APM members.
£5.00 plut VAT for non members.

Management of the procurement process for construction projects is a key responsibility of the Project Manager and Quantity Surveyor.
Roger Knowles will talk about the problems faced by both the Client project management team and the contractors in today’s economic climate.
The current financial situation has resulted in a down turn in work load in both the public and private sectors. Project Managers often find themselves forced to appointment on the lowest bid that is not always the lowest out turn cost.
With this, adversarial attitudes are back in vogue and Contracts now being used reflect this attitude. How does the Project and Cost Management team successfully deliver the project in this environment?
Many contractors having spent substantial sums of money on tendering find themselves in pole position to secure the work when the project is cancelled or shelved. Do they have any remedies for claiming reimbursement when this happens? The talk will deal with these problems and more.
MORE DETAILS
Room 4 is situated just off the A580, close to the M6 J23, in Golbourne, near Warrington in Cheshire. Pleanty of car parking. Associated Link :

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   13/8/2010

Subject: Don't Sign Your Life Away

Description: Trigon Tools Ltd. v Andrew Wright (PVC) Ltd.; 20 July 2010

The defenders hired an excavator from the pursuers to be used in the construction of a conservatory at a house in Irvine. The defenders had hired equipment from the pursuers on a number of occasions previously. The contract was an oral one, made during a telephone conversation between the parties on or about January 2008. The defenders used subcontractors as well as their own labour force for elements of the work. When the excavator was delivered to site, the hire advice note containing the terms and conditions on the reverse was signed by an unknown worker who was also given a copy. The work was completed, and the defenders phoned the pursuers to say they could remove the excavator. Before they could, the excavator was stolen. The defenders' position was that there was no basis upon which the pursuers were entitled to assume that the person who had signed the Hire Advice Note had had any authority to bind them contractually. He had not seen the pursuers' terms and conditions let alone read them. Associated Link : http://www.blissbooks.co.uk/news.php

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   13/8/2010

Subject: QSs Fear Lack of Work after Davis Langdon Takeover

Description: Firms Seek Aecom Assurances

Some of the UK's top QS firms are seeking assurances from Aecom that they will not be frozen out of working for the company after its takeover of Davis Langdon last week. Aecom have assured the companies with contracts that it will be "business as usual".
Davis Langdon's exisiting clients have reacted warily to the takeover news, with concerns over the company's loss of independence and deterioration in the level of service.Associated Link : http://www.building.co.uk/news/top-qss-fear-drop-in-aecom-work-after-dl-takeover/5004168.article

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   11/8/2010

Subject: Plans for Offshore Humber Energy Park Unveiled

Description: Able Plans Quayside Development

North-East firm Able UK has submitted proposals for an 800ha quayside development near Immingham to construct wind turbines and house facilities for biomass energy generation. Designs are currently under development.Associated Link : http://www.regen.net/bulletins/Economic-Development-Bulletin/News/1015080/Plan-unveiled-offshore-Humber-energy-park/?DCMP=EMC-Economic%20Development%20Bulletin

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   9/8/2010

Subject: Ireland Construction Orders Rise

Description: First Increase for Three Years

The Ulster Bank's latest construction industry survey is showing an increase in construction orders- the first for three years. Despite this, conditions remain tough with overall construction activity declining, albeit at a slower rate.Associated Link : http://www.irishtimes.com/newspaper/breaking/2010/0809/breaking8.html

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   7/8/2010

Subject: Property Energy Performance Assessors to contact MEPs

Description: Property Energy Performance Assessors to contact EU

All Commercial Buildings in the UK are supposed to have Energy Performance certificates when they are built, sold or let. Government statistic indicate that non-complience is running at 50% to 80% As Local Authorities do not appear to be enforcing the law, the Property Energy Performance Assessors intend to contact their MEPs and put pressure on the Government. Associated Link : http://www.communities.gov.uk/documents/planningandbuilding/pdf/1491231.pdf

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   6/8/2010

Subject: Unnecessary Expert Costs Disallowed

Description: Parties' Issues Centred on Events at Meeting

In LPI Hotels Ltd. v Technical & General Guarantee Company SA, [2010] EWHC 2049 (TCC), the court disallowed a proportion of the accounting expert's costs because after a certain date the issues between the parties had boiled down to what was said at a meeting. Valuation of the claim and counterclaim was not applicabelAssociated Link : http://www.theconstructionindex.co.uk/construction-law/view/06-08-2010/claimant-not-entitled-to-costs-of-unnecessary-expert

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   6/8/2010

Subject: BSF Sample Schemes Escape

Description: 34 Projects to go Ahead

"Construction News" is reporting that the government has approved all the sample school projects that were under review as part of the scrapping of the Building Schools for the Future programme.Associated Link : http://www.cnplus.co.uk/8604420.article

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   6/8/2010

Subject: University of Glasgow Advertises QS Contract

Description: PQQ Quantity Surveyor & CDM Coordination Consultancy

Please follow the link for further information.Associated Link : http://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=JUL080392

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   5/8/2010

Subject: Davis Langdon Bought by Aecom

Description: Deal worth £203m

Consultant Davis Langdon has been nbought by Aecom in a deal worth $324m. This follows Aecom's takeover of Tishman last month.Associated Link : http://www.building.co.uk/5003840.article?origin=bldgbreakingnewsletter

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   2/8/2010

Subject: OGC Publishes Framework Guide

Description: Updated Guide

his guide is for anyone involved in developing a procurement strategy and provides an overview of the considerations for using framework agreements and how to buy from them. It focuses primarily on the process of calling off from an already established multi-user Framework Agreement, but many of the principles apply equally to single-user framework agreements. The guide has been written with the assumption that, unless otherwise stated, the full scope of the EU Procurement Rules apply.
This guidance, including the examples, is not intended as a substitute for project specific legal advice, which should always be sought by a contracting authority where required.Associated Link : http://www.ogc.gov.uk/policy_and_standards_framework_a_guide_to_buying_through_framework_agreements.asp

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   27/7/2010

Subject: Scottish First Minister Predicts Thousands of Jobs in Renewables

Description: Stage 2 of the National Renewables Infrastructure Plan (N-RIP) Published

The Scottish First Minister, Alex Salmond, has told a Scottish Government public discussion event in Dornoch that over 5,000 green jobs could be created through the development of three regional offshore energy manufacturing sites built around key port locations.
The report states that a total private and public investment of £223 million would assist the creation of 11 offshore wind manufacturing sites in three regional clusters. Taken together these sites could support the creation of about 5,000 new jobs, plus an annual economic impact of up to £294.5 million.Associated Link : http://www.scotland.gov.uk/News/Releases/2010/07/27150157

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   26/7/2010

Subject: Irish Government Announces Revised Infrastructure Fund

Description: Six-year €39.43 billion revised capital investment programme.

The Irish government has announced a six-year €39.43 billion revised capital investment programme. The programme, “Infrastructure Investment Priorities 2010-2016”, was published by the Taoiseach at the national convention centre in Dublin’s Spencer Dock at midday today (26 July 2010).
The main areas for investment are public transport, roads, schools, health facilities, the environment, energy efficiency, broadband, Research and Development (RD) and support for jobs and enterprise. €12.2 billion has been allocated for transport projects including Metro North and the €2.5 billion Dart underground project, which will proceed, but rail links from Dublin to Navan and from Tuam to Claremorris have been put on hold.Associated Link : http://www.irishtimes.com/newspaper/breaking/2010/0726/breaking11.html

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   23/7/2010

Subject: Leading QS Calls for PFI Clarity

Description: PFI Framework Needed in Malaysia

A top QS has told the "Business Times" that a clear framework is needed if the Private Finance Initiative (PF) is to be adopted successfully in Malaysia. Professor Dr Khairuddin Abdul Rashid, teaches at the International Islamic University Malaysia's Department of Quantity Surveying, is considered an expert on PFI in Malaysia.Associated Link : http://www.btimes.com.my/Current_News/BTIMES/articles/3pu/Article/

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   23/7/2010

Subject: Quantity Surveying Firms Drawn into Holiday Scam

Description: Fraudster Claims to be QS

A number of quantity surveyor firms have been unwittingly drawn into an elaborate holiday rental scam in which customers pay up front to stay in a luxury apartment which they cannot subsequently access. Associated Link : http://www.irishexaminer.com/ireland/holiday-scam-used-legitimate-firms-details-125968.html

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   23/7/2010

Subject: Scottish Court Considers Principles of Concurrent Delays and Dominant Cause

Description: City Inn Ltd. v Shepherd Construction Ltd.; 22 July 2010

The Inner House of the Scottish Court of Session has rejected City Inn's appeal against a decision that Shepherd Construction was entitled to an additional extension of time due to architect's late instructions. During the course of the 85-page judgment, the Court set our principles to be followed when considering issues of concurrent delay and dominant cause.Associated Link : http://www.blissbooks.co.uk/news.php

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   23/7/2010

Subject: Atkins May have to Cut 600 Staff

Description: Government Cuts Blamed

"Building" is reporting that Atkins’ highways and transport division may have to shed 600 jibs because of the government's spending cuts. This follows a similar announcement from WSP that 50 jobs will have to go.Associated Link : http://www.building.co.uk/5003251.article?origin=bldgqsnewsnewsletter

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   20/7/2010

Subject: Amey Wins Station Upgrade

Description: Nine Stations plus Track Work

Amey has been awarded a top contract by Network Rail to extend platforms at nine stations in the South East of England so they can accommodate new 12-car passenger trains carrying extra commuters into London. In addition, Amey will carry out supporting works on the existing track, overhead line and signalling equipment and upgrade lighting, public address and CCTV security systems. Amey will use an innovative mini piling system to support the new platform structures, which will save time and money for Network Rail and minimise disruption and noise to rail users and local residents. In a traditional piling operation, specialist machines are used on the tracks and work is carried out during rail possessions, at evenings or weekends. However, Amey’s mini piling system can be set up off the tracks, enabling lines to stay open for business throughout the project. Survey and design work starts in July and all stations are due to be completed in November 2011.Associated Link :

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   18/7/2010

Subject: QSi Membership Campaign

Description: QSi Membership Campaign

Please contact your work colleagues and let them know the benefits of joining QSi - Quantity Surveyors International They are:- 1) Membership certificates are issued to members. (New members are vetted to ensure that they have a right to the membership grade requested.) 2) Access to BLISS news / legal articles free. 3) Access to free QS CPD – Certificates given 4) Access to over eighty modern QS Legal case articles. 5) Easy links to other QS / QS Companies / Building Companies. 6) Low cost advertising on the QSi website. The QSi founded 6 years ago by a small group of QSs who believed that the existing Institutes were not nurturing the QS profession and helping to retain old skills whilst developing new approaches. Anyone who has a QS back ground can join. The annual fees are only a fraction of the cost of other Institutes. The reason for this is everyone at QSi is a volunteer. We don’t have a massive “civil service” pushing bits of paper around. For more information, go to http://www.theqsi.com or email me on andrew@andrewrwilliams.co.uk Associated Link :

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   16/7/2010

Subject: Adjudicator Not Biased

Description: No Evidence of Preference Towards Former Colleague

Fileturn sought summary judgment to enforce an adjudicator’s award against the defendant, RGH. RGH resisted the enforcement on the grounds of alleged bias by the adjudicator, Mr. Sliwinski because of his pre-existing relationship which Mr. Richard Silver of construction consultants, Alway Associates, who represented Fileturn in the adjudication.

Mr. Sliwinski was a director of Alway Associates until February 2004, when he left to become a partner in solicitors, Wright Hassall. About two years after that, he left to set up his own practice, acting as an adjudicator on a regular basis. Mr. Sliwinski had been based at Alway’s Banbury office, whilst Mr. Silver was based at their office in Epping. Mr. Silver had requested Mr. Sliwinski’s appointment as adjudicator in about a dozen disputes over the previous few years, but he had only been appointed in two of them, one of them being the present case. Mr. Sliwinski had acted in about 10 adjudications where Alway had represented one of the parties.

Because this was an application under CPR 24, the court had to consider whether RGH had no reasonable prospect of defending the claim to enforce the award. The parties were agreed that the test for bias was whether the informed and fair-minded observer, having considered the relevant facts, would conclude that there was a real possibility that Mr. Sliwinski was biased.

The court assessed the material facts. RGH’s solicitors had enquired how often Alway Associates had asked for Mr. Silwinski to act as adjudicator, and was told that Mr. Silver had asked for Mr. Silwinski on 12 occasions. No one else in Alway Associates had requested him to act. Alway Associates had represented one of the parties before Mr. Silwinski on ten occasions; on two of these Mr. Silver had been Alway’s representative.

The court concluded that faced with these facts a fair minded observer would probably conclude that although Mr. Silver had requested Mr. Silwinski to act as adjudicator on 12 occasions, he had only actually been appointed once, and there was no evidence that Mr. Silwinski knew that Mr. Silver had asked for his appointment on the other occasions. Consequently, the fact that Mr. Silver had asked for these appointments was unlikely to have had any effect on Mr. Silwinski’s mind. Given that Mr. Silwinski conducted about 25 adjudications a year, only 5-10% involved Alway Associates acting for the parties.

There had been no significant contact between Mr. Silwinski and Mr. Silver since Mr. Silwinski had left the company apart from the one occasion upon which Mr. Silver had represented a party before Mr. Silwinski. There was no evidence that they had had anything other than a professional association when Mr. Silwinski had worked for Alway, and, given the number of adjudications which Mr. Silwinski undertook without the participation of Alway Associates, it could not be said that he relied upon them for his practice as an adjudicator.

The questionnaire issued by the RICS which asked Mr. Silwinski to “disclose any involvement, however remote, but in particular an involvement you or your firm has (or has had in the last five years) with either party in this dispute” did not require him to disclose any involvement prior to that.

There was no inherent objection to the fact that legal representatives are well known to a judge. In specialist courts, this frequently happens. The judge rejected RGH’s arguments that Mr. Silwinski had been biased and concluded that they had no reasonable prospect of success.
Fileturn v Royal Garden Hotel Ltd., [2010] EWHC 1736 (TCC)
Copyrght: BLISS Books Ltd. 2010Associated Link :

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   16/7/2010

Subject: European Contract Consultation Launched

Description: Single Contract Law for the Internal Market

The European Commission has launched a consultation seeking views on the introduction of a European contract law for businesses and consumers to enable all to take full benefit of the internal market. Views are invited by January 2011.Associated Link : http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_0052_en.htm

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   15/7/2010

Subject: BPF/ CCG Report Criticises Construction Health and Safety Laws

Description: Report Highlights Flaws in the Legislation

A report produced by Pye Tait and commissioned by the British Property Federation and the Construction Clients Group has highlighted what it calls “severe flaws” in current construction health and safety legislation. Research shows that clients who do not commission buildings on a regular basis have never heard of the Construction (Design and Management) Regulations 2007. For companies whose main operations include construction, such as property developers, the study has found that the legislation has not led to a substantial reduction in health and safety risks in construction, while costs and the level of administration required for compliance have risen. Industry groups want the government to overhaul the regulations and engage more widely with business to ensure that anyone likely to commission construction work understands their responsibilities and knows where to get help.Associated Link :

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   8/7/2010

Subject: Adjudicator Did Not Communicate Decision “In Reasonable Time”

Description: Decision Unenforceable

The Technology and Construction Court has ruled that an adjudicator did not communicate his decision to the parties in a “reasonable time” as required by the Scheme for Construction Contracts and it was unenforceable.
An adjudicator must reach his decision within 28 days of the referral or within 42 days if the referring party consents. The parties may agree a longer period if they so wish. The evidence established that the adjudicator had reached his decision no later than 2.48p.m. on Friday 13 November 2009. The decision was issued by e-mail at 4.57p.m. on the 16th. The parties had agreed an extension which included the 13th. In effect, the adjudicator had not been asking for an extension in which to reach his decision but some additional time for delivering it. The Scheme required him to issue a copy of his decision as soon as possible after reaching it, and he had been asking for relief from that obligation.
The only issue was, therefore, whether he had delivered his decision “as soon as possible after” he had reached it. There was no evidence which explained why it took the adjudicator three days to deliver his decision. The adjudicator worked for a large firm and it was not unreasonable to assume that it could have been typed promptly. The adjudicator could have set aside time to read it through with the aim of communicating it in a shorter time even though a weekend was imminent. There was no good reason why, with a little effort and application, the decision could not have been communicated on the 13th or why the whole of the working day of the 16th had passed before the decision was dent out. The decision had not been issued “as soon as possible” and it was unenforceable. Associated Link :

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   8/7/2010

Subject: JOB OFFERS

Description: JOB OFFERS

Commercial Manager / Senior QS (Rail Sector) - Midlands Plan Procure Manage is a specialist consultancy dedicated to supporting its clients in achieving effective procurement and commercial management. We help public and private sector organisations, large and small, to successfully plan, procure and manage projects minimising commercial risk. Due to our continuing growth we urgently need a Commercial Manager or Senior QS with Rail experience gained working with contractors. We are looking for someone who can start imediately, on a signalling contract in the Midlands. Permanent and Interim applicants will be considered. (No agencies) Contact us with CV, location and salary/rate expectations at contact@planprocuremanage.com

CSR CONSTRUCTION JOBS - SENIOR ESTIMATOR - Civil Engineering CSR CONSTRUCTION JOBS:- SENIOR ESTIMATOR The Role: Our client is one of the leading players in the UK civil engineering markets working on a number of very high profile schemes across a wide range of sectors. CSR are currently working with their Northern Ireland region which has recently completed a major infrastructure improvements scheme. Due to the successful completion of this project they have now secured similar work for 2010/2011. Reporting to the Civils Director you will be involved in compiling tenders for significant and complex Civil Engineering schemes up to £150M whilst undertaking management responsibilities where you will have significant influence on the decision making process with regards to tenders. Responsibilities: ◦Take off quantities from drawings to provide both tenders and budgets. ◦Preparing works schedules ◦Preparing and work with bills of quantities. ◦Preparing tender submissions, ensuring that these are consistent with the estimate. ◦Liaising with the Sales and other relevant staff to ensure that the structure of the estimate meets the requirements of the contract management process. ◦Providing a reliable and cost effective estimating service, ensuring that all Company bids represent the actual cost of completing the relevant contracts satisfactorily, taking into account current legislation, which affects the execution of the contract. ◦Establishing and maintaining good communication channels with relevant departments (Contracts, Design, Human Resources, Purchasing and Production) to ensure you have the most up-to-date cost changes. ◦Attending Estimating Department meetings with Sales to determine department workload. ◦Attending and participate in internal meetings to ensure that routine validation of contract estimates is undertaken. ◦Liaising with other departments to ensure that all relevant information on contracts, architects, contractors, clients etc., obtained by estimating department in the course of its activities, that could have bearing on the company’s success is passed on. ◦Working to and be aware of ISO 9001 & 14001 and Investors in People requirements Requirements: This is a key role within the business therefore only candidates with the following experience will be considered: ·Minimum of 5 years civils estimating experience ·Previous exposure to the bid and tender process for £multi-million civil engineering contracts ·Strong IT skills ·Ability to meet challenging deadlines To discuss this opportunity in the strictest confidence please contact Raymond Younge at CSR by sending your CV to raymond@csrni.com Crescent Specialist Recruitment (CSR) is operating as an employment agency on behalf of our client. Crescent Specialist Recruitment is an equal opportunities employer and we welcome applications from all sections of the community For more information go to http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&discussionID=24170333&gid=2598081&trk=EML_anet_qa_ttle-d7hOon0JumNFomgJt7dBpSBA Associated Link :

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   6/7/2010

Subject: Scottish Government Sets up “Jessica” Fund

Description: Boost for Regeneration Projects

The Scottish Government has set up the £50m Jessica Scotland Fund which is intended to help kick-start large-scale regeneration schemes that have stalled during the recession. The fund is made up of £26 million from the Scottish Government and a £24 million grant from the European Regional Development Fund. The fund will be invested in new business and transport hubs, wireless technology zones, green energy provision for social housing and renewing derelict sites. Organisations such as urban regeneration companies (URCs) and other bodies operating in the 13 most deprived local authority areas in Scotland will be eligible to bid for loans. The fund will aim to recycle cash for future projects by getting money back when schemes start generating returns.
JESSICA stands for the Joint European Support for Sustainable Investment in City Areas programme.Associated Link :

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   5/7/2010

Subject: Scottish Government Announces Millions for Affordable Homes

Description: Accelerated Building Programme Announced

Housing and Communities Minister Alex Neil announced today (5 July 2010) that £45 million funding will accelerate building of at least 800 new low cost homes across Scotland. The resources will be focussed on stimulating the country's house building industry and tackling homelessness. The money comes from:
£31 million in UK budget consequentials allocated to housing developments across Scotland
£14 million has been released from the Affordable Housing Investment Programme (AHIP) because Glasgow Housing Association has agreed to spread some of the grant funding it is due over a longer period.
As a result of the additional funding, the Affordable Housing Investment Programme (AHIP) for 2010-11 will rise to £502 million delivering over 7,100 homes for rent or low cost ownership. Associated Link :

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   29/6/2010

Subject: Quantity Surveyor - UK/France

Description: Quantity Surveyor - UK/France

UK based consultancy requires a fluent French speaking Quantity Surveyor to work on exceptional projects in Paris and Bordeaux. Based in London it is expected you will visit Paris at least once a week and Bordeaux frequently. It is essential that you are familiar with the French system and have worked previously as a quantity surveyor for a UK based PQS. The Client is not looking for anyone from a contractor background.
A telephone interview in French will take place before any face to face interviews are arranged to ensure fluency.
Email stephen@ruetwo.com Associated Link :

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   29/6/2010

Subject: Wakefield College Advertises QS Contract

Description: Services for Campus Masterplan

Wakefield College has published an OJEU notice for cost consultancy services for its City Centre College Masterplan. Taylor Young Architects will design the proposed development on the existing City Centre Campus site. The anticipated project cost is £5.73m. It is anticipated that the master plan will provide for a series of distinct development phases that will allow for flexibility depending on sources and timing of funding, but which will also ensure continuity of operations. It will also provide flexibility to respond to changes in further education over the next few years, and reduce the need for capital funding in the initial phases.Associated Link :

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   29/6/2010

Subject: Balfour Beatty Preferred Bidder for Oldham BSF

Description: Programme Worth £175m

This BSF Programme involves the delivery of new buildings and upgrades to eight of the Borough’s schools, a pupil referral unit and the construction of a new school in Chadderton. The initial phase of construction, which will commence in January 2011, will involve the delivery of the new-build Oldham Roman Catholic School at its new site and the partial rebuild and remodelling of North Chadderton School. Upgrades, expansions and new buildings for the other schools will commence between 2012 and 2014, with all construction work completed by 2015.Associated Link :

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   25/6/2010

Subject: Precedence of Dispute Resolution Clauses in JCT 2005 MW

Description: Paul and Elizabeth Price v Ian Carter (t/a Ian Carter Building Contractors), [2010] EWHC 1451 (TCC)

Carter was appointed by the Prices under a JCT 2005 MW form of contract for the demolition of their bungalow and construction of a new house for £226,000. Completion was due on 26 May 2008, but the work was delayed, and the Prices took possession of the site on 24 July 2008. Carter was granted an extension of time of 9 weeks only. Practical completion was achieved on 18 February 2009. The contract provided for disputes to be referred to adjudication and arbitration. The Prices wanted to use adjudication as a cheaper method of resolving the dispute. The nominated adjudicator was also the contract administrator for the works and Carter had misgivings about the same person fulfilling both roles. Carter served a notice of arbitration on the Prices. As the parties failed to agree on a nomination, the RIBA nominated Mr. James Middleton-Stewart.

Mr. Middleton-Stewart issued his award on 8 March 2010, and the Prices issued the present claim outside the 28-day time limit stated in section 70 of the Arbitration Act 1996. The Prices argued that the claim was not out of time because there was an outstanding process of review of the award, and they had not been notified of the result until 29 March 2010 (at the earliest). The Prices sought leave to appeal and an extension of time.

The Prices argued that by section 67 of the Act, the arbitrator had no jurisdiction because the primary mode of dispute resolution under the contract was adjudication, not arbitration. They maintained that clauses 6 and 7 of the contract, taken together, meant that adjudication took precedence over arbitration as a method of dispute resolution. Alternatively, the Prices maintained that the Notice of Arbitration had been defective. A challenge under section 69 was abandoned.

The Prices alleged that there had been serious irregularities within the meaning of section 68 of the Act which had caused them injustice. The irregularities complained of were that the arbitrator had delegated some of his duties to an assessor and then refused to allow the parties the opportunity to challenge the assessor’s evidence. In addition, the arbitrator had refused to consider some of the Prices’ claims which they had introduced towards the end of the arbitration, and whether they had any entitlement to liquidated damages.
Copyright: BLISS, Building Law Information Subscriber Service 2010.Associated Link :

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   22/6/2010

Subject: Morgan Sindall Wins £95.4 Million Scottish Health Project

Description: Contract for a Mental Health Care Unit at Murray Royal Hospital

Morgan Sindall has been awarded the design and build contract for the £95.4 million Tayside Acute Adult Mental Health Developments scheme in Scotland. Working jointly for sister company Morgan Sindall Investments Limited and Robertson Capital Projects, on behalf of NHS Tayside and the North of Scotland Planning Group, Morgan Sindall will design and build new mental healthcare facilities at Murray Royal Hospital in Perth and Stracathro Hospital in Angus. Design and project management consultancy Morgan Sindall Professional Services is the sustainability and BREEAM consultant for the construction project. The scheme has a total development value of £120 million.
The inpatient facilities provided will be for NHS Tayside General Adult Psychiatry, Psychiatry of Old Age, Low Secure Care Services and a new regional Medium Secure Service located in Perth for the North of Scotland Planning Group. In total, 183 bed spaces will be created at Murray Royal Hospital, with an additional 52 at Stracathro Hospital.Associated Link :

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   21/6/2010

Subject: FE Colleges to Bid for Share of £50m Building Pot

Description: Colleges Offered Additional Funding for Building Projects

The Department for Business Innovation and Skills is inviting Further Education Colleges to bid for money from a £50m fund. Around 150 colleges who have yet to significantly benefit from the capital programme will each receive approximately £225,000 under a £30 million Renewal Grant - bringing real benefits to the learning and training of young people. A additional £20 million will be made available to colleges through an Enhanced Renewal Grant. Colleges will have the opportunity to add to their Renewal Grant, by bidding to build their total allocation to £1 million. Colleges will be expected to attract additional private finance, providing final projects of significant value.Associated Link :

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   21/6/2010

Subject: Balfour Beatty Preferred Bidder for Derby Schools BSF

Description: Refurbishment of 14 Schools

Balfour Beatty has announced to day (21 June) that it has been chosen as the preferred bidder by Derby City Council for its £231m Building Schools for the Future programme. This BSF Programme involves the design and new build or refurbishment of 14 schools in the city with funding for three schools to be raised through a Balfour Beatty led PPP concession. All construction and facilities management will be carried out by Balfour Beatty. ICT services across all the schools will be delivered in conjunction with RM, a leading provider of ICT educational solutions.
The initial phase of the scheme will begin in November of this year with the new build of Noel-Baker Community School and Language College and St Martins School, together with the major refurbishment of Derby Moor Community Sports College. All of these schools are scheduled to open for the new academic year in September 2012. Upgrades and new builds of the other schools will commence once financial close has been achieved with all work to be completed for the new academic year in September 2014.Associated Link :

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   15/6/2010

Subject: Cabinet Office to Absorb OGC

Description: Government Procurement Arm Succumbs to Efficiency Drive

The Government has confirmed that the Office of Government Commerce and the Buying Solutions subsidiary is to be absorbed into the Cabinet Office. Buying Solutions controls a number of government frameworks and it is unclear how these will be affected. The move will bring together all the cross-government operational functions, including procurement, project management, IT and Civil Service workforce and reform functions. Associated Link : http://www.building.co.uk/5001108.article?origin=bldgbreakingnewsletter

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   15/6/2010

Subject: Interserve consortium preferred bidder for St. Helens BSF

Description: Minimum £150m Contract

The Interserve-led consortium Environments for Learning (E4L) has been named preferred bidder to undertake a major schools development programme for St Helens Council worth provisionally £150 million.
The programme will operate under the Building Schools for the Future (BSF) initiative. Interserve will construct two schools, with a capital cost of £47 million, in the first phase: Rainford High Technology College and De La Salle School. Rainford will be financed using the private finance initiative (PFI) and Interserve will provide facilities management services worth £8 million to the school over a 25-year period once complete.
Six further schools, worth an aggregate of over £100 million in construction costs, have been identified for subsequent development. Two of these will be procured through PFI.
E4L and St Helens Council will, together with BSF Investments, become partners in St Helens’s Local Education Partnership (LEP). We anticipate reaching financial close on the contract in the autumn this year; construction will begin immediately afterwards, leading to the first schools being ready to accept pupils for the start of the academic year in September 2012.Associated Link :

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   14/6/2010

Subject: DCLG Spends £28m on Consultants

Description: Analysis of Treasury Spending Reveals Spend on Consultancy Services

An analysis of Treasury data by the journal "Regeneration and Renewal" has revealed that the Department for Communities and Local Government spent nearly £29m on consultants in the financial year 2009-2010. The figures were taken from an analysis of the Treasury's Combined Online Information System (Coins) spending database, which includes 24 million entries on what public money is spent on.Associated Link : http://www.regen.net/bulletins/Business-Bulletin/News/1009416/Exclusive-DCLG-consultancy-costs-hit-28m/?DCMP=EMC-Business%20Bulletin

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   11/6/2010

Subject: Survey Reveals RICS Concerns

Description: QSs Say They are Not Adequately Represented

An online survey conducted by "Building" Magazine has shown that 69% of respondents thought the RICS does not represent quantity surveying firms fairly. Despite this, most are in favour of remaining in the RICS.Associated Link : http://www.building.co.uk/news/qss-reveal-rics-grievances/5000841.article

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   7/6/2010

Subject: Developers Shortlisted for 4,500 Defence Housing Contract

Description: Project Will Regenerate Aldershot Land

St. Modwen, Argent and Taylor Wimpey have all been shortlisted by the Homes & Communities Agency (HCA) and Defence Estates to redevelop the 148ha Aldershot Urban Extension (AUE) site in Aldershot to create a mixed-use scheme which will include 4,500 houses. The AUE is one of the largest brownfield sites in the South-East of England, and part of it will be sold. The HCA hopes a developer will be in place by the end of 2010, with work commencing in 2012.Associated Link :

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   4/6/2010

Subject: Quantity Surveyors Identify Australian Government “Cost Blow Out”

Description: QS Figures Show that Government Paying Double the Industry Rate

Audits of the costs of New South Wales schools projects show that the government expects to pay $932,235 in Sydney metro and $1.034 million in regional areas. At these rates, the government seems to be accepting that it should pay between $7768 a square metre and $8617 a square metre for the buildings: more than double industry rates. This cost doubling is not isolated to prefabricated buildings. The estimates document shows that the price the department expects to pay for most school buildings is roughly double what comparable buildings cost to deliver. The NSW Education Department has said that it has conducted 103 audits into BER buildings, including prefabricated buildings, and found "no evidence of overcharging". However, the reason may be that when auditing the cost of projects, the government compares the buildings against its heavily inflated internal cost estimates i.e. the government compares the price the managing contractors are charging for the buildings with the price it expects it should pay. If the building cost is not more than 5 per cent greater than what the NSW government believes it should be, the project is passed.Associated Link :

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   4/6/2010

Subject: Taylor Lewis Rebrands

Description: Management Buy Out for Consultants

The new owners of an Exeter firm of project managers, construction consultants and chartered quantity surveyors have rebranded the company. More than 50 clients, consultants and contractors ajoined the company at a launch party at the Devon Hotel to celebrate the new image for Taylor Lewis. Steve Foxon and Ben Couch completed a management buyout in October last year. Mr. Foxon, who joined the business in 2004, said: "We were keen to keep the existing name because it has such a good reputation, but we just wanted to update the image. Mr. Foxon said that since the takeover the company has increased its market share despite not seeing a rise in overall activity in the construction sector.Associated Link :

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   4/6/2010

Subject: Tesco Gets Permission for Multi Million Pound Mixed Development

Description: First Phase to be Complete by 2012

London Thames Gateway Development Corporation has given Tesco permission to build a multi-million pound mixed-use scheme in Bromley-by-Bow. The scheme will include 454 homes, a supermarket, a district centre, a library, a primary school, a hotel and a riverside park. The first phase will be completed by 2012. Associated Link :

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   4/6/2010

Subject: RWE Innogy, Stadtwerke München and Siemens to Build Offshore Welsh Wind Farm

Description: Total Investment will be More than EUR 2 Billion

RWE Innogy, Stadtwerke München and Siemens have formed into a joint venture to build the offshore wind farm Gwynt y Môr The total investment will be more than two billion Euros, including the grid connection to the coast. Gwynt y Môr, which is Welsh for “Wind at Sea” is to be built with an installed capacity of 576 megawatts in Liverpool Bay, around 18 kilometres off the North Wales coast. Work will start towards the end of 2011 to erect the first foundations for a total of 160 wind turbines. The permits have already been obtained. Siemens will supply, install and maintain the wind turbines, and provide the connection to the grid.
In its first phase of expansion, the wind farm is planned to generate electricity as early as 2013. The project is expected to be completed in 2014. From then onwards it is forecast to generate around 1,950 gigawatt hours of electricity annually, enough to supply around 400,000 British households. The site is in a very good location as Liverpool Bay in North Wales is renowned comparatively shallow water and very high wind speeds.Associated Link :

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   1/6/2010

Subject: Aga Khan in Advanced Talks to Create King's Cross Cultural Centre

Description: Development on 67 Acre Site

The Aga Khan is is advanced talks for talks for the creation of a centre for Ismaili studies and cultural affairs at London’s £4bn King’s Cross scheme. It is believed that that the Aga Khan Foundation and King’s Cross Central — the joint venture between Argent, London & Continental Railways and landowner DHL-Exel – are finalising details of an agreement to develop the proposed centre at the 67 acre site.Associated Link : http://www.propertyweek.com/story.asp?sectioncode=297&storycode=3164045&c=1#ixzz0pG4uXkKp

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   23/5/2010

Subject: QSs Wanted

Description: QSs Wanted

Urgent position! Quantity Surveyor (Senior Level), (UAE), Quantity Surveying OR Civil Engineering degree is essential, at least 5 years of experience, please send your cv to info@esesearch.comAssociated Link : http://www.linkedin.com/groupAnswers?viewQuestions=&gid=2598081&forumID=5&sik=1274648976922

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   21/5/2010

Subject: Skanska/ Costain JV Wins Second Crossrail Contract

Description: Works Part of Pudding Mill Lane Portal Framework

The value of the contract is similar in size and scope to the Royal Oak portal previously announced in March. Pudding Mill Lane Portal, which is close to Stratford and adjacent to the existing DLR, overland railways and the Lea River, will act as the transition ramp for Crossrail trains when entering and exiting the north east section of the central London tunnels. Work will begin immediately and is scheduled for completion in summer 2011.Associated Link :

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   21/5/2010

Subject: Government Examines Replacement of RDAs

Description: Coalition Statement Supports LEPs

The government's agreement published yesterday states that it will "support the creation of LEPs, joint local authority-business bodies…to replace RDAs" and that these "may take the form of existing RDAs in areas where they are popular". The RDAs were aware that change was coming; and England RDAs’ Chair of Chairs, Sir Harry Studholme, said he was looking forward to working with government, and local authority and business partners, on the detail of how new arrangements will be implemented.Associated Link :

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   20/5/2010

Subject: HIPS on their Way Out

Description: Home Information Packs Suspended with Immediate Effect

The Communities Secretary Eric Pickles and Housing Minister Grant Shapps have today announced that they are suspending the requirement for homeowners to provide a Home Information Pack (HIP) when selling their homes with immediate effect. An Order suspending HIPs with immediate effect, has been laid pending primary legislation for a permanent abolition. The move is intended avoid uncertainty and prevent a slump in an already fragile housing market by encouraging people to put it on the market with less cost and hassle.Associated Link :

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   20/5/2010

Subject: Jobs board on Linkedin

Description: New QSi jobs board

The QSi has a new jobs board on Linkedin. Follow link below for details.Associated Link : http://www.linkedin.com/groupAnswers?viewQuestions=&gid=2598081&forumID=5&sik=1274313405208

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   19/5/2010

Subject: Scottish Government Launches Consultation on Offshore Wind Energy Capacity

Description: “Strategic Environmental Assessment and Development Plan for Offshore Wind”

The Strategic Environmental Assessment and Development Plan for Offshore Wind sets out proposals for the short, medium and long term up to 2020 and beyond.
The proposals include:
Progressing the 10 sites for potential offshore wind energy development recently identified by The Crown Estate. Environment and technical assessment has concluded there are no significant environmental effects which cannot be avoided or reduced through appropriate project planning and development.
- The mapping of key technical and environment constraints to identify the most feasible areas for development, and further evaluate of these areas in relation to other users of the sea; most notably shipping and commercial fishing sectors.
A commitment from the Scottish Government to consider reviewing the plan every two years, in recognition of the fast pace of change within the offshore wind sector and marine environment.
The announcement comes as a new report claims Scotland's seas could supply domestic electricity needs many times over by 2050.
The Offshore Valuation Study says installed offshore renewables capacity could reach 68 GW in Scotland by 2050. This compares to Scotland's current installed renewable capacity of 3.7 GW. Associated Link : http://www.scotland.gov.uk/News/Releases/2010/05/19100623

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   14/5/2010

Subject: Planning Permission Granted for the UK’s Tallest Building

Description: Landmark Bridge to be Built over the River Wear

Planning permission has been granted for Sunderland City Council to build the country's tallest bridge. This follows the decision of the council’s planning and highways committee to back the planning application for the Sunderland Strategic Transport Corridor Phase 2 project and its landmark bridge over the River Wear between Pallion and Castletown. Subject to further necessary permissions, construction work could begin early in 2012 with the roads and bridge open by 2015.
The design of the bridge came from local architect Stephen Spence and structural engineers Techniker. The new Wear bridge project has support from the council's partner organisations including regional development agency One North East and city development agency Sunderland arc.Associated Link :

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   14/5/2010

Subject: Adjudicator Only Had Jurisdiction over Part of Dispute

Description: Decision not Severable

The Volker-Stevin Joint Venture (VSJV) engaged Cleveland Bridge for works on the Dragon Liquefied Natural Gas terminal at Milford Haven. The services which Cleveland Bridge was to provide were specified in the Scope of Works, which stated:

"(1) Preliminaries (such as Structural overheads, machinery, supervision, planning, materials;
"(2) The preparation of fabrication drawings, including connection design;
"(3) The purchase of structural steelwork, including connection plates and all consumables;
"(4) The transfer to the painting shop, including painting with a 3 coat paint system as detailed in specification…;
"(5) The delivery of the fabricated steelwork to site and offloaded in an agreed location at the site premises;
"(6) Erection of Fabricated steelwork in an agreed manner onto prepared foundations including lining and levelling prior to grouting (by others)."

There were considerable variations and VSJV agreed Cleveland Bridge's final account at £4,687,500 of which £317,500 plus VAT remained due to Cleveland Bridge. Cleveland Bridge invoiced VSJV for £365,125, but this was not paid. One of VSJV's arguments was that a settlement agreement had been reached and so nothing further was due.

Cleveland Bridge issued an adjudication notice, but VSJV challenged the adjudicator's jurisdiction, arguing that the parties' contract was not a "construction contract" within the meaning of section 105 of the Housing Grants Construction and Regeneration Act 1996. VSJV participated in the adjudication without prejudice to its objection to the adjudicator's jurisdiction. The adjudicator rejected VSJV's defence, and awarded Cleveland Bridge the sum claimed, plus interest and her fees. The award was not paid, and Cleveland Bridge commenced in enforcement proceedings, and claimed summary judgement.

There were three issues for decision:

Whether the relevant works undertaken by Cleveland Bridge were "construction operations" within the meaning of s.105(1) of the Act;


Whether any part of the work, and if so which, came under s.105(2) and were not "construction operations".

To the extent there was a mixture of works which were and were not "construction operations", what the effect was on the enforceability of the adjudicator's decision.

WORKS FALLING UNDER SECTION 105(2)

On the evidence, there were substantial works which were not "construction operations", despite Cleveland Bridge's submissions. It was common ground that the subcontract works were being carried out on a site where the primary activity was the production, transmission, processing or bulk storage of gas. The issue between the parties was whether the element of the work within the excluded operations was all the work to the "steelwork for the purposes of supporting or providing access to plant or machinery" or whether it is limited to the "erection" element of that steelwork.

The court had to approach the construction of the Act on the basis of the objective "meaning which the instrument would convey to a reasonable person having all the background knowledge that would reasonably be available to the audience to whom the instrument is addressed", applying the decision in Attorney General of Belize v Belize Telecom Limited, [2009] UKPC 10.

The relevant services under the subcontract included fabrication drawings including connection design; the purchase of structural steelwork including connection plates and all consumables; painting; delivery of fabricated steelwork to site and off loading and the erection of fabricated steelwork. All this work would form "construction operations" within section 105(1).

The court accepted that the value of pieces of plant would form the major part of supply and installation contracts whilst the value of the installation part would be much smaller. However, the general position under section 105(2)(d) was that the operations of the manufacture and delivery to site of equipment, plant or machinery would be excluded. When installation is included it will not be excluded from the provisions of the Act. In such circumstances it was clear that there was a distinction between "manufacture or delivery to site" and "installation" The court rejected that the words "assembly, installation… of plant or machinery" in section 105(2)(c) would include "manufacture or delivery to site" when those words were not used in that way in section 105(2)(d). That being so, if "assembly, installation…..plant or machinery" in section 105(2)(c) did not include "manufacture or delivery to site of ….plant or machinery", there was no reason why "erection… of steelwork" should include "manufacture or delivery to site of….. steelwork".

The issue was whether the word "erection" only covered operations in lifting and connecting the steelwork after it has been delivered to site or whether it also included the preliminary stages starting with the fabrication drawings, leading to the steelwork fabrication and then the delivery of the steelwork to site. The judge found that the wording was unambiguous, and that there was no absurdity in limiting the excluded operations in section 105(2)(c) essentially to operations which were carried out on-site at the process engineering site.

The only operation which was excluded from being a construction operation by section 105(2)(c)(ii) was the erection of the steel work for the piperacks and pipebridges and not the prior activities of fabrication drawings, off-site fabrication or delivery to site of the fabricated steelwork. Cleveland Bridge was correct in its approach to the division between construction operations and excluded operations in relation to the services under the subcontract.

THE EFFECT OF THE DIVISION OF WORK ON THE ADJUDICATOR'S DECISION

By section 104(5), the Act contemplated that there could be a situation where one contract included both construction operations and operations excluded by section 105(2). The right to refer disputes to adjudication and the associated provisions would only apply to the present subcontract insofar as the subcontract related to construction operations. The court then turned to the doctrine of separability applied in the context of section 104(5).


In applying the adjudication provisions to only part of the agreement, there were a number of issues, including the definition of "dispute", and whether in the present case there was one dispute or two. From the notice of adjudication and the referral, it was clear that the dispute which was being referred was VSJV's failure to pay the £317,000. This was one dispute i.e. whether that sum was due and payable. This depended on the resolution of the effect of the settlement agreement. The effect of section 104(5) was that the whole dispute could not be referred to adjudication. This did not make the dispute two disputes; it meant that part of the dispute was referable and part of it was not. The effect of section 104(5) was that the adjudicator had not had the jurisdiction to decide the whole of the dispute referred to her, just the part relating to construction operations. There was nothing preventing an adjudicator making a decision on that part of the dispute over which he or she had jurisdiction.

SEVERABILITY OF THE ADJUDICATOR'S DECISION

Having found that the adjudicator only had jurisdiction over part of the dispute, it followed that her decision on the entire dispute was one for which she did not have jurisdiction. Part of the dispute referred to her had been within her jurisdiction and part had been outside it. As a result, the decision was invalid and could not be enforced.

Since the adjudication concerned a single dispute, the parties' implied agreement to comply with that decision by virtue of paragraph 23(2) of the Scheme for Construction Contracts did not apply to the present decision. The parties had agreed that valid decisions would be binding, but not that an adjudicator's findings on issues leading up to that binding decision were themselves individually binding and enforceable.
Copyright: Building Law Information Subscriber Service 2010.Associated Link :

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   12/5/2010

Subject: Bilfinger and Berger to Convert Coal Plant to Biomass

Description: First Project of its Kind

The 180MW Rodenhuize power plant, near the Belgian town of Gent, will see a unique conversion from coal to biomass, the first of its kind on a conventional power plant of this size. The plant which is operated by Electrabel, GDF Suez Group, to use the burning of wood pellets by German contractor Bilfinger and Berger. In addition to biomass, excess blast furnace gas from a neighbouring steel plant will also be used for future power generation. The power plant generates power for the equivalent of 320,000 households. The order has a volume of €20 million.
The services provided by Bilfinger Berger Power Services will include the conversion of 24 existing burners and rehabilitation of ventilation ducts as well as the delivery and installation of 12 new burners for the blast furnace gas. Conversion works are scheduled for completion in spring 2011.Associated Link :

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   11/5/2010

Subject: Crown Estate Approves Offshore Suffolk Wind Farm

Description: Planning Decision Expected in 2012

The Galloper Wind Farm, by RWE npower renewables and Scottish and Southern Energy (SSE), will be one of the first to go through the application process of the Infrastructure Planning Commission (IPC). The project is expected to have an installed capacity of approximately 500 MW and the turbines would be constructed in water depths of 30 to 40 metres. The area to be developed is situated in two arrays 30 km from the Suffolk coast. It is adjacent to the site where RWE npower renewables and SSE are constructing the Greater Gabbard Offshore Wind Farm, a 500 MW project planned to be finished in 2012.Associated Link :

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   11/5/2010

Subject: Second Stage of £24m Wirral Scheme Gets Funding

Description: Deal with HSBC

The second stage of a major mixed-use regeneration scheme on the Wirral has taken a step forward after developer Neptune Wirral Ltd signed a £24 million funding deal with HSBC. Plans for the second phase of the New Brighton project include a supermarket, hotel, cinema, restaurants, cafes and bars, a watersports training centre, model boating lake and a lido. The first phase of the scheme was completed in 2008 with the construction of the 800-seat Floral Pavilion and Conference Centre. Bower & Kirkland have been appointed as the main contractor for the second stage of the development. In February, the North-West Regional Development Agency announced that it was to provide £3.9 million for Phase 2 after investing £3.6m in the first phase. Associated Link :

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   8/5/2010

Subject: List of important Legal cases

Description: QS Legal Cases

List of Legal cases now on the websiteAssociated Link : http://www.theqsi.co.uk/doc/legal%20cases%20of%20interest%20to%20qss%20summary%20_2_.pdf

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   8/5/2010

Subject: List of Legal Cases

Description: List of Legal Cases

Legal Cases of Importance to Quantity Surveyors Summary of Cases No Title Subject Matter 1. Bodill v Harmail Singh (2007) Retention 2. Midlands Expressway v Carillion (2006) Provisional Sums 3. Cunningham v Collett (2006) Procurement; letters of intent; negligence 4. Mirant v Ove Arup (2005) Delays, Delay Analysis.Site Records 5. Dudley Corporation v Parsons and Morrin Ltd (1959 Variations; Contract rates; Errors in contract rates 6. Henry Boot Construction v AlstomCombine Cycle (2000) Variations; Contract rates; Errors in contract rates 7. Aldi Stores v Galliford (2000) Variations; Contract rates; Contract rates priced at Nil 8. Harvey (WS) Decorators v HL Smith (1997) Protection of Subcontract Works 9. PSC Freyssinet Ltd v Byrne Brothers (1997) Fitness for purpose; Reasonable skill and care 10 A and J Rogers v Northern Ireland Housing Executive 1998) Meaning of Extra Over in a BQ 11. G Lianakis AE v Dimos Alexandroupolis (2008) Procurement European Directive 12. SWI v P&I Data Services Ltd (2007) Lump sum contract; Fixed price contract 13. Reinwood v L Brown and Sons (2008) Set off; non completion certificate 14 Whittall Builder Company Ltd v Chester-le-Street (1985) Disruption; Measured Mile 15. Carrillion Construction Ltd v Felix (UK) Ltd (2000) Economic Duress; agreement reached by applying financial pressure 16 JDM Accord v The Secretary of State for the Environment (2004) Daywork where the records were unsigned 17 J&A Developments v Edina Manufacturing Ltd and others (2006) Procurement; Tender Procedure; Single Stage Tendering Procedure 18. Mowlem v Newton Street Ltd (2003) Guaranteed Maximum Price Contract 19. Euro Pools v Clydesdale Steel Fabrication Ltd (2003) Managerial time and cost relating to a breach of contract claim 20. City Inn Ltd v Shepherd Construction Ltd (2007) Extension of Time; Concurrent delays 21 Isovel Contracts Ltd v ABB (2000) Cheques Issued But Later Stopped 22. Attorney General for the Falkland Islands v Gordon Forbes Construction (Falklands) Limited (2003) Records and Their Importance 23. Co-operative Insurance Society v Henry Boot (2002) Ground Conditions; Subsoil Survey Provided by Employer 24. Siera Ltd v Sigma Wireless Communications Ltd (2007) Extension of time; Notice a Condition Precedent; Minutes of Meeting Not Adequate Notice; 25. Lobster Group Ltd v Heidelberg Graphic Equipment Ltd (2008) Mediation, Cost recovery 26. Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council (1990) Procurement, Tenders 27. Cubitt Building and Interiors v Richardson Roofing (Industrial) Ltd (2008) Contract Formation Battle of the Forms 28. RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH (2008) Letters of Intent 29. Brican Fabrications Ltd v Merchant City Developments (2003) Payment by Employer Direct to Subcontractor 30. Seck Controls Ltd v Drake and Scull Engineering Ltd (2000) Fair Valuation 31 Regus (UK) Ltd v Epcot Solutions Ltd (2008) Limitation clausesExclusion clauses 32. Multiplex Construction (UK)Ltd v Honeywell Control Systems Ltd (2006) Contractual Entitlement to Disclosure of Main Contract Settlement 33. Wharf Properties Ltd v Eric Cumine Associates (1991) Global Claims 34 Tyco Fire and Integration Solutions (UK) Ltd v Rolls Royce Cars Ltd (2008) Joint Names InsuranceDamage due to negligence 35 Musselburgh and Fisherrow Co-operative Society Ltd v Mowlem (Scotland) Ltd (2006) Delays which run in parallelGlobal ClaimsDominant Cause of LossApportionment 36. Shaw Engineering Ltd v DGP International Ltd (2005) VariationsDelaysTime at LargeDetermination 37. John Doyle Ltd v Laing Management (Scotland ) 2004 Global ClaimsConcurrent Delays 38. Collins ( Contractors ) Ltd v Baltic Quay Management Ltd (2004) PaymentFailure to payCourt of Appeal 39. Weldon Plant Ltd v The Commission for the New Towns (2000) Fair ValuationVariationsICE 6th Edition 40. Rupert Morgan Building Services Ltd v David Jervis and Harriet Jervis (2003) Construction ActPaymentSet Off 41. Bovis Lend Lease Ltd v FD Fire Protection Ltd (2003) Claim by contractor against subcontractorProof of sum claimed 42. Actionstrength v International Glass Engineering and St Gobain (2002) Payment direct to subcontractorsContracts of Guarantee 43. Shyam Jewellery Ltd v M Cheeseman (2001) Payment Failure to payRepudiation 44. Haden Young v Laing O’Rourke Midlands Ltd (2008) Contract FormationQuantum Meruit Payment 45. Fitzpatrick Contractors Ltd v Tyco and Integrated Solutions Ltd (2008) Contract Formation and InterpretationLimitation of Liability 46. George Fischer (GB)Ltd v Multi Design Consultants Ltd; Roofdec; Severfield Reece and Davis Landon and Everest (1998) Employer’s Representative’s DutiesDesign and Construct 47 Dinka Latchin Associates v General Mediterranean Holkins SA (2003) Working at Risk 48. Diamond Build Ltd v Clapham Park Homes (2000) Letters of Intent 49 VGC Construction Ltd v Jackson Civil Engineering Ltd (2008) Nebulous and Ill -Defined Claims 50 Galliford Try Infrastructures v Mott McDonald Ltd and Rowen Structures Ltd (2008) Novation; Economic Loss 51 Henry Brothers (Magherafelt) Ltd and Others v Department of Education for Northern Ireland (2007_ EU Procurement Rules 52 McDonnell Archive Storage Ltd v Belfast City Council (2008) EU Procurement Rules 53 McLauchlin and Harvey v Department of Personnel Northern Ireland (2008) EU Procurement Rules 54 Alan Auld Associates v Rick Pollard Associates and Another (2008) Consultancy serviceLate payment of feesRepudiatory conduct 55 Liberty Mercian Ltd v Dean and Dyball (2008) Liquidated DamagesPenaltiesSectional Completion 56 A E Yates Trenchless Solutions v Black and Veach Ltd (2008) Formation of ContractBattle of the FormsAcceptance by Conduct 57 Furmans Electrical Contractors v Elecref Ltd (2009) Distinguish between paid and unpaid invoiceWaiver of entitlement 58 Mead General Building Ltd v Dartmoor Properties Ltd (2009) AdjudicationEnforcement of decisionCompany Voluntary Arrangement 59 Linnett v Halliwell LLP (2009) AdjudicationLiability for Adjudicator’s fees 60 J B Leadbetter v Devon C. C (2009) ProcurementDuty or FairnessAmending Tender 61 Amaryllis Ltd v HM Treasury (2009) ProcurementThe Public Contracts Regulations 2006 62 A E Yates Trenchless Solutions Ltd v Black and Veatch Ltd (2008) Formation of a ContractAcceptance by ConductBattle of the Forms 63 Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd (2009) Enforcement of Adjudicator’s DecisionStay for MediationSet Off for Liquidated Damages 64 Stocznia Gdynia SA v Gearbulk Holdings Ltd (2009) Contract TerminationTermination at Common Law 65 Chartbrook Ltd v Persimmon Homes Ltd (2009) Precontract NegotiationsInterpretation of Wording in a Contract 66 Education 4 Ayrshire Ltd v South Ayrshire Council (2009) Extensions of Time 67 Mayhaven Healthcare Trust v DAB (2009) Suspension of work for non payment is it repudiation 68 Jim Ennis Construction Ltd v CSL (2009) Final Account Agreement 69 YJL London Ltd v Boswin Estates LLP (2009) Final Account Agreement 70 Costain Ltd v Bechtel Ltd (2005) NEC Contract; Duties of Project Manager; Need to Act Impartially 71 ERDC Group Ltd v Brunel University (2006) Letters of Intent 72 Costain Ltd v Haswell and Partners Ltd (2009) Existence of a ContractBreach of Contract 73 Lobster Group Ltd v Heildelberg Graphic Equipment Ltd and CAF (2009) Exclusion of Liability Clauses 74 Hart v Smith (2009) Adjudication Set Off 75 Ian Whittle Movers Ltd v Hollywood Express Ltd (2009) RestitutionUndue Enrichment 76 Fitzroy Robinson v Mentmore Towers and Others (2009) Naming of Key Personnel at Bid Stage 77 Yuanda (UK) Ltd v WW Gear Construction Ltd 2010) Adjudication- Legal costs of both parties paid by referring party 78 Miller Fabrications Ltd v D Pierce (Contracts) Ltd (2010) Bankers reference not a condition of the contract Associated Link :

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   7/5/2010

Subject: Threat to leave RICS as QSs Set out Grievances

Description: Displeasure over Reporting Line and Lowering of Standards

“Building” is reporting that the RICS’ QS group has drafted a five-page letter to the RICS governing council. The letter sets out a number of grievances including a new reporting line for QSs within the RICS and a perceived lowering of standards for obtaining chartered QS status.
The letter suggest that the QS faculty may quit he body. If this were to happen, it would be a would be a serious blow to the RICS because QSs make up 40% of its 100,000 global members, and with membership fees at £400 a year per chartered member, it would be a significant loss of income.
QSs have expressed concern for a number of years that their voice is not being heard, and that the RICS is being run as a commercial business. The letter is also suggesting that the Financial Services Authority replace the RICS as the profession’s regulator and says that a number of large firms have had discussions with the FSA about this.Associated Link : http://www.building.co.uk/story.asp?sectioncode=29&storycode=3163093&c=1

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   4/5/2010

Subject: Adjudicator Erred in Determination of Own Jurisdiction

Description: Pilon Ltd. v Breyer Group plc, [2010] EWHC 837 (TCC)

Pilon, a refurbishment contractor, became the subject of a CVA in January 2009. Prior to that they had undertaken work for the defendant on a number of projects, including the Ealing project. There were disputes and Pilon left the site in October 2008. Nine months after the CVA. Pilon issued an interim application for payment in respect of some of the batches of work. When this was not paid, Pilon went to adjudication. The adjudicator awarded Pilon £206,617.74, together with VAT and interest. As the award was not paid, Pilon commenced enforcement proceedings.

The adjudication notice was limited to Pilon's application for interim payment in respect of batches 26-62. Pilon alleged that it was entitled to payment without any deductions because Breyer had failed either to pay or serve a withholding notice. Breyer denied that it had been obliged to issue such a notice, and that it was entitled to set off in respect of an overpayment on work batches 1-25.

The adjudicator had concluded that his jurisdiction did not extend to consideration of the alleged overpayments, since Pilon had deliberately limited his jurisdiction in the way it had formulated its adjudication notice to consider only those matters it had referred to him. Consequently, the adjudicator found that he could not take into account Breyer's defences.

He also concluded that Breyer's failure to issue a withholding notice did not mean that the Pilon was entitled to be paid the full sum applied for because no sums had been certified. The contract provided the mechanism by which Breyer could make claims or deductions and that clause 8(b) entitled Breyer to deduct costs incurred from sums otherwise due to Pilon so that no valid withholding notice was required.

Breyer accused the adjudicator of being guilty of breach of natural justice in refusing to consider its overpayment defence, and took the view that the decision was not binding, and that his decision on his own jurisdiction was not binding.

ADJUDICATOR'S DECISION ON HIS OWN JURISDICTION

There court emphasised that the parties need to either expressly agree that the adjudicator's decision on jurisdiction will be binding, or that there should at least be an implied agreement to that effect. Here, Breyer had made it clear that it disputed the adjudicator's jurisdiction at the time of the adjudication. It had warned that if its defence about the overpayments were not considered by the adjudicator, it would be breach of the rules of natural justice. Once the adjudicator had concluded that he could not consider that defence, Breyer had quickly pointed out that he had reached his decision based on a misunderstanding of his jurisdiction and that they were not going to be bound by his decision. Breyer had not agreed that the adjudicator's decision would be temporarily binding, and, therefore, the adjudicator had not had the power to make a binding decision on his own jurisdiction. As a consequence, the court could go on to consider the merits of Breyer's jurisdictional challenge.

THE ADJUDICATOR'S MISTAKENLY RESTRICTIVE VIEW OF HIS OWN JURISDICTION

An adjudicator must attempt to answer the question referred to him. This may consist of a number of sub-issues. Generally, if he has attempted to address those issues, his decision will be enforceable, whether it is right or wrong. If he fails to do this because he has taken a mistakenly restrictive view of his own jurisdiction, e.g. he has failed to consider a defence, his decision may be unenforceable because of breach of natural justice or on jurisdictional grounds. That failure must, however, be a deliberate one, not an inadvertent error.

In the present case, it was clear that the adjudicator had erred in failing to take into account Breyer's overpayment defence. Although he had correctly taken into account the content of the adjudication notice as setting out the boundaries of his jurisdiction, he had failed to appreciate that Pilon was not only seeking an interim valuation of batches 26-62, but also an interim payment of any amount deemed owing to them. Although the valuation required him to take into account batches 26-62 only, Pilon's claim for payment necessarily required him to also consider whether it was entitled to a lesser amount because of Breyer's overpayment allegations. It is not uncommon for an adjudicator to derive his jurisdiction purely from the wording of an adjudication notice, but the necessary implication of the words used must also be taken into account. The judge was in no doubt that Pilon had attempted to limit the scope of the adjudicator's jurisdiction so that batches 1-25 would not be taken into account, and had sought a tactical advantage by proposing an erroneous statement of the adjudicator's jurisdiction.

The adjudicator had deliberately and mistakenly restricted his own jurisdiction amounting to a breach of natural justice. This may also have affected how he had dealt with other issues where there were disputes of fact. The overpayment defence had been worth £147,774, or 71% of the sum eventually awarded, and it had been open to Breyer to put forward this defence. On any view, it was therefore of fundamental importance to the dispute as a whole. His error rendered his decision unenforceable.

SEVERABILITY OF THE DECISION

Because there was one dispute, the adjudicator's decision could not be severable. In addition, since the court had concluded that the adjudicator's jurisdictional error might well have affected other parts of his decision, the whole decision was tainted by his error.

SHOULD THERE BE A STAY

In the event that he had been wrong, the judge went on to consider whether there should be a stay because of Pilon's financial state and its potential inability to repay the award if required to do so. Pilon's financial plight had not been caused by Breyer's failure to pay the adjudication award. It owed £2.7m, so that even if Breyer paid the sum awarded, it would still be in debt to the tune of £1.7m. Its credit rating was bad, and all the evidence indicated that it would be unable to repay any sums paid to them because of the adjudicator's award. The interests of the creditors who had agreed to the CVA would come before those of other creditors. Given all this, the court would have awarded a stay.

Associated Link :

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   4/5/2010

Subject: Balfour Beatty Wins Contracts Worth £248m

Description: Network Rail Awards Contracts Across the UK

A four-year extension to 2014 to Balfour Beatty’s existing track renewal framework contract worth approximately £56 million in the first year of the contract, with a further £115 million to be awarded provided agreed targets are met during the first year of the contract. The contract involves the delivery of plain line rail and switches and crossings at junctions with associated signalling, electrification and drainage work for the whole of Network Rail’s South East territory covering the Wessex, Sussex, Kent and Anglia regions;
A four-year contract worth in excess of £50 million for the grinding of plain line rail across the UK, including the operation and maintenance of six of Network Rail’s fleet of rail grinders;
The £27 million Paisley corridor improvement project in Glasgow for the construction of a new third running line and associated overhead electrification additions and modifications, as well as the remodelling of a number of approach lines. The Paisley corridor runs from Gower Street Junction to Arkleston Junction. This contract is due for completion in 2012. Associated Link :

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   1/5/2010

Subject: Commercial Manager/Contracts Manager (X5) - Crossrail

Description: Commercial Manager/Contracts Manager (X5) - Crossrail

Commercial Manager/Contracts Manager (X5) - Crossrail - Posted on qsi Linkedin Following a significant project wins on major rail infrastructure projects in London, my client is looking to recruit to their growing consultancy business. We currently seek a high calibre Contracts Manager to join our client's team of experienced professionals. You will be a part of a £multi-million investment programme. This role is based in London, paying £55-65,000 plus an excellent benefits package dependant on experience. The principal function of this position is to be responsible for the post contract administration and management of all contract matters relating to the obligations and duties of both parties for all contracts awarded for a specific area of the works. You will have knowledge/experience of the following: Analysis of the full contract including conditions, scope and other works information Development and management of appropriate mechanisms to monitor compliance with contract terms and conditions Development and management of procedures to recognise and identify contract claims as they develop and manage timely resolutions Maintaining a good working relationship with construction, engineering, project controls (cost and planning) procurement to support contract administration The ideal candidate will have: Experience of pricing, contract law, contract drafting, administration and negotiation of change orders Thorough knowledge of contract administration (NEC 3) and quantity surveying Experience of dealing with large scale, multi-discipline construction projects NEC Contract experience is ideal. You must be an energetic, enthusiastic and driven individual with strong negotiating and communication and interpersonal skills To apply for this opportunity please contact Chirag Shah on 020 7419 5800 or chirag.shah@trsstaffing.com Associated Link :

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   27/4/2010

Subject: Carillion Preferred Bidder on £27m Halifax Academy

Description: Academy will Include a Range of Renewable Initiatives

Calderdale Council has picked Carillion as preferred bidder on the £27m Trinity Academy in Halifax. Calderdale Council is acting as client on behalf of the Academy Trust along with co-sponsors the Diocese of Wakefield, Calderdale College and the University of Huddersfield, to design and construct the new Academy including the provision of ICT infrastructure. Trinity Academy will provide places for 1,200 students plus 300 places for sixth form students, serving the communities of Ovenden, Mixenden and Illingworth in Halifax.
The project will include a range of renewable energy initiatives including a biomass boiler and solar thermal array and will achieve a very good BREEAM rating (Buildings Research Establishment Environmental Assessment Method).acting as client on behalf of the Academy Trust along with co-sponsors the Diocese of Wakefield, Calderdale College and the University of Huddersfield, to design and construct the new Academy including the provision of ICT infrastructure. The Academy will include a range of renewable energy initiatives including a biomass boiler and solar thermal array and will achieve a very good BREEAM rating (Buildings Research Establishment Environmental Assessment Method).Associated Link :

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   27/4/2010

Subject: Adjudicator’s Restrictive Determination of His Own Jurisdiction

Description: Decision Unenforceable

Pilon, a refurbishment contractor, became the subject of a CVA in January 2009. Prior to that they had undertaken work for the defendant on a number of projects, including the Ealing project. There were disputes and Pilon left the site in October 2008. Nine months after the CVA. Pilon issued an interim application for payment in respect of some of the batches of work. When this was not paid, Pilon went to adjudication. The adjudicator awarded Pilon £206,617.74, together with VAT and interest. As the award was not paid, Pilon commenced enforcement proceedings.

The adjudication notice was limited to Pilon’s application for interim payment in respect of batches 26-62. Pilon alleged that it was entitled to payment without any deductions because Breyer had failed either to pay or serve a withholding notice. Breyer denied that it had been obliged to issue such a notice, and that it was entitled to set off in respect of an overpayment on work batches 1-25.

The adjudicator had concluded that his jurisdiction did not extend to consideration of the alleged overpayments, since Pilon had deliberately limited his jurisdiction in the way it had formulated its adjudication notice to consider only those matters it had referred to him. Consequently, the adjudicator found that he could not take into account Breyer’s defences.

He also concluded that Breyer’s failure to issue a withholding notice did not mean that the Pilon was entitled to be paid the full sum applied for because no sums had been certified. The contract provided the mechanism by which Breyer could make claims or deductions and that clause 8(b) entitled Breyer to deduct costs incurred from sums otherwise due to Pilon so that no valid withholding notice was required.

Breyer accused the adjudicator of being guilty of breach of natural justice in refusing to consider its overpayment defence, and took the view that the decision was not binding, and that his decision on his own jurisdiction was not binding.

ADJUDICATOR’S DECISION ON HIS OWN JURISDICTION

There court emphasised that the parties need to either expressly agree that the adjudicator’s decision on jurisdiction will be binding, or that there should at least be an implied agreement to that effect. Here, Breyer had made it clear that it disputed the adjudicator’s jurisdiction at the time of the adjudication. It had warned that if its defence about the overpayments were not considered by the adjudicator, it would be breach of the rules of natural justice. Once the adjudicator had concluded that he could not consider that defence, Breyer had quickly pointed out that he had reached his decision based on a misunderstanding of his jurisdiction and that they were not going to be bound by his decision. Breyer had not agreed that the adjudicator’s decision would be temporarily binding, and, therefore, the adjudicator had not had the power to make a binding decision on his own jurisdiction. As a consequence, the court could go on to consider the merits of Breyer’s jurisdictional challenge.

THE ADJUDICATOR’S MISTAKENLY RESTRICTIVE VIEW OF HIS OWN JURISDICTION

An adjudicator must attempt to answer the question referred to him. This may consist of a number of sub-issues. Generally, if he has attempted to address those issues, his decision will be enforceable, whether it is right or wrong. If he fails to do this because he has taken a mistakenly restrictive view of his own jurisdiction, e.g. he has failed to consider a defence, his decision may be unenforceable because of breach of natural justice or on jurisdictional grounds. That failure must, however, be a deliberate one, not an inadvertent error.

In the present case, it was clear that the adjudicator had erred in failing to take into account Breyer’s overpayment defence. Although he had correctly taken into account the content of the adjudication notice as setting out the boundaries of his jurisdiction, he had failed to appreciate that PIlon was not only seeking an interim valuation of batches 26-62, but also an interim payment of any amount deemed owing to them. Although the valuation required him to take into account batches 26-62 only, Pilon’s claim for payment necessarily required him to also consider whether it was entitled to a lesser amount because of Breyer’s overpayment allegations. It is not uncommon for an adjudicator to derive his jurisdiction purely from the wording of an adjudication notice, but the necessary implication of the words used must also be taken into account. The judge was in no doubt that Pilon had attempted to limit the scope of the adjudicator’s jurisdiction so that batches 1-25 would not be taken into account, and had sought a tactical advantage by proposing an erroneous statement of the adjudicator’s jurisdiction.

The adjudicator had deliberately and mistakenly restricted his own jurisdiction amounting to a breach of natural justice. This may also have affected how he had dealt with other issues where there were disputes of fact. The overpayment defence had been worth £147,774, or 71% of the sum eventually awarded, and it had been open to Breyer to put forward this defence. On any view, it was therefore of fundamental importance to the dispute as a whole. His error rendered his decision unenforceable.

(Pilon Ltd. v Breyer Group plc, [2010] EWHC 837 (TCC))
Copyright: BLISS Books Ltd. 2010.Associated Link :

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   23/4/2010

Subject: Roger Knowles Hot Tips

Description: Roger Knowles Hot Tips

Roger Knowles Hot Tips The terms force majeure appears in a number of construction contracts, the JCT being a good example. If, due to a force majeure, work is delayed and affects the completion date, under a JCT form of contract, the contractor or subcontractor, will be entitled to an extension of time. But what is the meaning of force majeure? It is derived from the French Napoleonic Code. This being the case one may ask what is it doing in an English contract? Well you would need to ask the JCT and as it has been in the contract for such a long time, they may not have the answer. The intention of the wording is to provide an escape from liquidated damages where unforeseen events have a dramatic impact on the performance of the contract. The matter concerned must be outside the control or responsibility of the parties. A good recent example is the suspension of air transport due to the volcano in Iceland. Those with long memories may recall the 1970’s, when due to a miner’s strike electricity was available on only three days each week. Epidemics such as swine flu, had it taken off, would be a force majeure. Whether the current economic climate constitutes a force majeure is debateable. What is required in contracts is a definition of force majeure, which is what occurs in most PFI contracts. As for contract such as those produced by the JCT, where there is no definition, we will be left in some uncertainty as to whether a particular occurrence is or is not a force majeure. Associated Link :

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   22/4/2010

Subject: St. Modwen Signs Section 106 Agreement for Corus Llanwern Redevelopment

Description: £1bn Community to Rise from old Steelworks Site

St. Modwen, the UK’s leading regeneration specialist, has signed the Section 106 Agreement with Newport City Council, allowing plans for the redevelopment of the former Corus Llanwern steelworks into a £1 billion urban community to commence.
St. Modwen acquired the 600 acre disused site from Corus in 2004 and has subsequently been granted full planning consent to progress the large scale remediation work and re-development plans to create Glan Llyn – a new residential and business community to the east of Newport.
Over the next 20 years, Glan Llyn will become one of the most significant newly-built communities in Wales. As well as providing around 4,000 new homes and 6,000 new jobs, Glan Llyn will include a new district centre with a variety of retail and leisure facilities as well as schools, a library, police station, supermarket and doctor’s surgery. The scheme will also have significant areas of play, amenity and sports space, as well as parks and lakes.Associated Link :

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   22/4/2010

Subject: Gammon Lands Hong Kong Air Cargo Terminal Contract

Description: 2013 Completion Date

Gammon Construction Limited has been awarded by Cathay Pacific Services Ltd, a HK$4.2 billion (£353 million) air cargo terminal construction contract, in joint venture with Hip Hing Construction Co. Ltd. The contract for the new terminal at Hong Kong International Airport, Chek Lap Kok, will engage a workforce of over 1,000 at the peak of the project’s construction period.Associated Link :

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   20/4/2010

Subject: Scottish Government Approves Four Hydro Schemes

Description: Electricity Supply for over 4,000 Homes

Four hydro schemes near Loch Lomond that can supply enough electricity for 4,100 homes have been approved by the Scottish Government.In July 2009, Osspower Ltd submitted applications for consent to construct and operate four hydro electric stations at Glen Falloch Estate near Crianlarich, with a combined generating capacity of 6.7 Megawatts (MW). These are: Allt Fionn (2.1 MW); Ben Glas (1.6 MW); Derrydarroch (2 MW); Upper Falloch (1 MW).
The site lies around 5 kilometres to the north of Loch Lomond and around 6 kilometres southwest of Crianlarich and is entirely within the Loch Lomond & The Trossachs National Park.Associated Link :

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   20/4/2010

Subject: Morgan Sindall Creates New Division

Description: Amalgamation of Infrastructure and Construction Businesses

Morgan Sindall is to join its construction business Morgan Ashurst and infrastructure services business Morgan Est to create a new enlarged division under the Morgan Sindall name.
The decision to combine the two divisions comes at a time when the Group’s construction and infrastructure services businesses are increasingly working together on larger and more complex projects in sectors such as rail, aviation and defence. The new division will sit alongside Morgan Sindall’s three other divisions of fit out, affordable housing and urban regeneration which are supported by the Group’s specialist investment unit, Morgan Sindall Investments.Associated Link :

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   20/4/2010

Subject: British Gas Acquires Hillserve

Description: Further Expansion of Insulation Business

British Gas has announced the further expansion of its new insulation business with the acquisition of Hillserve Ltd, a domestic insulation company serving the North West of England and Wales.
The deal, worth £5 million, represents another major step in British Gas' ambitions to build the country's leading insulation business, and help British Gas customers cut their energy use, their carbon emissions and their fuel bills.Associated Link :

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   20/4/2010

Subject: Balfour Beatty Preferred Bidder for £300 million Ealing Building Schools for the Future PPP contract

Description: Programme Involves 14 Schools

The BSF programme involves the delivery of upgrades and expansions to 14 of the borough's schools, the construction of a new high school in north Greenford as well as significant investment in information communications technology (ICT) in three further schools.
The initial phase of construction, which will commence in October of this year, will involve the complete rebuild of Dormers Wells High School, Southall, and the partial rebuild and remodel of The Cardinal Wiseman RC School, Greenford. Upgrades of the other schools will commence between 2011-2013, with all construction work completed by 2014.Associated Link :

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   20/4/2010

Subject: Atkins Signs One of the Biggest European Engineering Contracts

Description: Part of Fusion for Energy Consortium

As part of the Engage consortium, Atkins has signed one of the biggest engineering contracts in Europe with Fusion for Energy (F4E).
The consortium has been awarded the architect engineer contract for the building and civil infrastructures for ITER, the world's latest experimental nuclear fusion reactor in southern France. The Engage contract is valued at approximately 150 million Euros. Associated Link :

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   16/4/2010

Subject: Amended Adjudication Clause Replaced by Scheme

Description: Bridgeway v Tolent Wrongly Decided

Yuanda was a curtain walling trade contractor working on the Park Plaza Hotel on Westminster Bridge. In 2007, Yuanda, and over 30 other trade contractors, contracted with the client WW Gear Construction Ltd. on the basis of a substantially amended JCT Trade Contract form. At the tender stage, Gear had proposed “standard” amendments, including two provisions relating to interest and adjudication, which were very heavily weighted in its favour.

Clause 4.11.2 of the contract was amended to provide a contractual rate of interest of 0.5% above the Base Rate, making the total interest rate at the time 6%. The adjudication provisions in the contract were deleted, and replaced by a new clause 9A which required the joinder of a member of the professional team in the event of a multi-party dispute.

The clause stated:

“The adjudication procedure will be the TeCSA Adjudication Rules (amended to require nomination by the RICS and joining of the members of the professional team in a multi-party dispute situation).

“Notwithstanding the provisions of the above procedure and regardless of the eventual decision in the adjudication or in any subsequent litigation the Trade Contractor agrees that should he make a reference to Adjudication under the terms of this contract then he will be fully responsible for meeting and paying both his own and the Employer’s legal and professional costs in relation to the Adjudication.”

Yuanda argued that clause 9A did not comply with section 108 of the Housing Grants Construction and Regeneration Act 1996 and should be replaced by the adjudication provisions in Part 1 of the Scheme for Construction Contracts. Yuanda submitted that the clause was punitive and limited its right to adjudication at any time.

The issues before the court were whether Yuanda had contracted on Gear’s standard terms of business and, if so, whether the contract was therefore an international supply contract within the meaning of section 26 of the Unfair Contract Terms Act 1977. If it were not such a contract, was it then “unreasonable” within the meaning of the Act, or should it be replaced by the Scheme for Construction Contracts as it did not comply with s.108 of the Act.

Section 3 of Unfair Contract Terms Act 1977 applies between contracting parties where one of them deals as a consumer or on “the other’s written standard terms of business”. This claim raised the question of what was meant by written standard terms of business. For the section to apply, the conditions had to be standard in that they were terms which the company in question used for all, or nearly all, of its contracts of a particular type without alteration. Yuanda had not dealt on Gear’s standard terms of business for the purposes of section 3 of the Unfair Contract Terms Act 1977, because Yuanda itself had negotiated some material alterations to the proffered “standard” terms so that it had not dealt on Gear’s “standard” terms. In addition, the evidence showed that few, if any, of the 30 odd trade contractors entered into contracts which were on the same terms. Nearly all of them appeared to have secured alterations to the Schedule of Amendments originally put forward by Gear during the pre-contract negotiations. Section 3, therefore, did not apply.

Gear sought to rely upon the decision in Bridgeway Construction Ltd. v Tolent Construction Ltd., [2000] 23 BLISS 1, in which there had been a provision in the contract that the party serving a notice to adjudicate should bear all of the costs and expenses incurred by both parties in relation to the adjudication, including but not limited to all legal and experts fees, together with the adjudicator’s fees and expenses. The claimants in that case argued that the relevant clauses were void because they tended to inhibit the contracting parties from pursuing their lawful remedies by way of adjudication Judge Mackay had disagreed.

Leaving aside what was meant by “multi-party dispute”, the judge concluded that if valid effect can be given to this provision, it would make the costs burden on the contractor when referring a dispute to adjudication even more oppressive because the employer’s costs would include those caused by the presence of another party to the adjudication. The clause did not limit the obligation on the contractor to pay only those costs of the employer that were referable to his participation in the dispute. Consequently, clause 9A would limit Yuanda’s freedom to refer disputes to adjudication at any time, particularly if the sums at issue were relatively small. Edwards-Stuart, L. J. concluded that the decision in Bridgeway had been wrong at least on the basis of the wording in the present contract. Clause 9A should be replaced by the provisions in Part 1 of the Scheme for Construction Contracts.

Yuanda relied on section 8(1) of the Late Payment of Commercial Debts (Interest) Act 1998, arguing that the rate of interest provided by clause 4.11.2, as amended in the Schedule of Amendments, was not a substantial remedy within the meaning of the Act and so the provision was void. Consequently, Yuanda claimed to be entitled to interest at the statutory rate i.e. 8% above the Base Rate. The judge considered that that it had not been Parliament’s intention to treat a contractual rate of interest for late payment as not meeting the “substantial remedy” test simply because it was materially lower than the statutory rate. The imposition of the statutory rate was the penalty that a contracting party paid for failing to provide a fair remedy for late payment to suppliers in its contracts .Taking into account a number of factors, it seemed clear to the court that 0.5% over base rate as a rate of interest for late payment could not be regarded as a substantial remedy within the meaning of the Act in the absence of special circumstances relating to the parties and the making of the contract. Given that there were no such circumstances here, it would not be fair or reasonable to permit Gear to take advantage of the fact that, during the pre-contract negotiations, Yuanda had failed to notice that the rate of interest had been amended.

(YUANDA (UK) CO. LTD. V WW GEAR CONSTRUCTION LTD.,
[2010] EWHC 720 (TCC))
Copyright: Building Law Information Subscriber Service 2010Associated Link :

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   13/4/2010

Subject: Balfour Beatty Snatches Hartlepool BSF

Description: Awarded Initial £95m Scheme

The Hartlepool BSF programme involves the rebuilding and replacement of six schools over the next five years. Construction of the initial sample school, Dyke House Sports and Technology College, will begin this summer with completion by Christmas 2011.Associated Link :

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   6/4/2010

Subject: Balfour Beatty Appointed as Preferred Bidder for Fire Station Upgrade

Description: £47m PPP to Upgrade 16 North West Fire Stations

Balfour Beatty Fire and Rescue, has been appointed as preferred bidder for a PPP contract valued at approximately £47 million by North West Fire and Rescue Services to upgrade 16 fire stations in the North West of England.
The North West Fire and Rescue Services comprises Cumbria County Council, Lancashire Combined Fire and Rescue Authority and Merseyside Fire and Rescue Authority.
The 25-year concession will involve the design, construction, funding and provision of facilities management for 16 community fire stations, of which seven are in Merseyside, five in Cumbria, and four in Lancashire. As well as modernised operational facilities, the stations will provide resources for community use, such as meeting rooms, multi-function lecture rooms and gyms.
The stations will be constructed on a mixture of new and existing sites in a range of locations from rural stations with retained crews, to busy inner-city stations with full-time crews. Construction of eight of the fire stations will begin in late 2010 with all construction work completed by 2013Associated Link :

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   31/3/2010

Subject: OGC Issues Model Payment Clause

Description: 30 Day Mandatory Payment Terms

From 25 March 2010, it is mandatory for all government departments and non-departmental public bodies to include a contract condition requiring contractors to pay their subcontractors in 30 days. The Office of Government Commerce has issued a guidance note which includes a model clause. The Government Says that the Guidance Note is consistent with the Fair Payment Charter.Associated Link : http://www.blissbooks.co.uk/p170828/Procurement-Policy-Note--Requirement-to-include-30-day-payment-clause-in-new-contractsAction-Note-7/10-25-March-2010/product_info.html

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   30/3/2010

Subject: Revised PPS 25 Published

Description: Planning Policy on Development and Flood Risk

Planning Policy Statement 25 (PPS25) sets out the Government's spatial planning policy on development and flood risk. This edition replaces the earlier version of PPS25 published on 7 December 2006. Tables D1 and D2 in Annex D have been revised to clarify the definition of functional floodplain, and to amend how the policy is applied to essential infrastructure, including water treatment works, emergency services facilities, installations requiring hazardous substances consent and wind turbines in flood risk areas.
The PPS 25 may be downloaded free of charge by clicking on the link below.Associated Link : http://www.blissbooks.co.uk/p170820/Planning-Policy-Statement-25:-Development-and-Flood-Risk/product_info.html

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   30/3/2010

Subject: Horizon’s First Nuclear Plant to be Built at Wylfa

Description: Planning Application to be Submitted in 2012

Horizon Nuclear Power, thejoint venture beyween E.On and RWE npower, has chosen to progress with plans for a new reactor at Wylfa, on the Isle of Anglesey, as its first nuclear project in the UK, and is hoping to commission it in 2020. planning application for the site will be submitted in 2012 together with an application for a second power station at Oldbury-on-Severn, in Gloucestershire, will then be submitted once construction at Wylfa is underway. The company is in discussions with two consortia – Westinghouse/Laing O’Rourke/Shaw Group and Areva/Balfour Beatty/Rolls Royce – to deliver the reactors.Associated Link :

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   29/3/2010

Subject: Siemens £80million plans to bring offshore wind production to the UK

Description: UK World’s Most Attractive Destination for Investment, says Government

The Government has welcomed Siemens plans to invest £80million in the UK for offshore wind production facilities, following the Government’s Budget announcement of £60m for a competition to develop manufacturing and assembly sites sites for the offshore wind industry. The government said that today’s announcement demonstrates that the UK is the world’s top destination for offshore wind energy investment. Strategic industrial intervention by the Government is unlocking this investment, generating a new industrial sector in the UK that could employ a high skilled workforce of 70,000 by 2020.
Siemens is the latest offshore wind manufacturer to announce plans for investment in the UK. Clipper has committed to build the world’s biggest wind turbines employing up to 500 people; Mitsubishi intend to invest up to £100 million in an offshore wind R&D facility, creating up to 200 jobs; and last week GE announced a €110 million investment which the company believe will create up to 1900 jobs.Associated Link :

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   25/3/2010

Subject: WANTED - SAUDI

Description: JOB ADVERTISED ON QSI LINKEDIN

PLANNERS AND CONTRACT ADMINISTRATORS SAUDI My Commercial Team on behalf of a leading Saudi Construction Company are looking to recruit good people for these roles vacancies at all levels cv in confidence in the 1st instance to jim@cerebra.co.uk Associated Link :

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   25/3/2010

Subject: Bristol Port Expansion Approved

Description: Boost for Jobs

The government has given the green light to plans to build a deep sea terminal alongside the existing facilities at Avonmouth. The terminal will be built partly on land reclaimed from the River Severn and will enable Bristol to welcome some of the world's biggest container ships, which are currently unable to fit through the narrow lock entrances at the existing Avonmouth docks. The increase in capacity will mean the Port of Bristol will be able to handle an extra 1.5m twenty-foot equivalent container units a year enabling the port to serve regions outside the South West, such as the West Midlands, even more effectively.Associated Link :

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   25/3/2010

Subject: Jarvis Calls in the Administrators

Description: Fall in Rail and Plant Work Blamed

Jobs are now under threat at the railway maintenance contractor, Jarvis after it called in the administrators. The recession has affected the contractor's workload, and it has been unable to come to an agreement with its secured lenders.Associated Link :

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   25/3/2010

Subject: Gammon Wins Multimillion Pound Rail Contract

Description: West Island Line Project in Hong Kong

Gammon Construction, which is 50% owned by Balfour Beatty, has won its third contract on the West Island line project in Hong Kong, in a joint venture with Nishimatsu Construction Co. The MTR Corporation awarded the £407m contract for the construction of Hong Kong University and Sai Ying Pun Stations and a 2.2 kilometre running tunnel. The work will form a prominent part of the West Island Line which, when complete in 2014, will extend the existing Island Line from Sheung Wan to Kennedy Town.Associated Link :

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   25/3/2010

Subject: Contractor Could not Justify Suspension

Description: Hall and Shivers v Van Der Heiden, [2010] EWHC 586 (TCC)

The claimants wanted to refurbish and remodel their London flat, and engaged Mr. Jan Van Heiden for the works. They moved into rented accommodation and left him to it. The works were delayed,. Deadlines were missed and it didn’t help when Mr. Van Heiden suddenly went on holiday for two weeks. Mr. Van Heiden had asked for and been paid in advance by the Halls. In fact, The claimants paid more than Mr. Van Heiden was entitled to.
There were further delays to the works. The 13th of October was identified as a completion date, and the claimants gave notice on the alternative accommodation which they were renting. The date slipped again forcing the claimants to enter into a series of short term lets.

It was only towards the end of October 2007 that the defendant attempted to justify the delays by claiming that there was a lack of instructions from the architect, although the evidence showed that there had been a series of e-mails containing instructions. The documents also showed that the contractor was not in control of the project.
The claimants finally moved back into their flat on 7 December, but it was obvious that the works had not been carried out in accordance with the contractor’s new programme. There was no heating. The bathroom and kitchen had not been finished and there were a number of other problems. The claimants lasted for two nights before moving to a hotel for three days. On their return, in addition to the continuing problems with the heating and lighting, the new flooring on the ground floor was defective, being poorly finished and noisy. Much of the joinery still had not been delivered.

The claimants asked for a programme for the works, and Mr. Van Heiden then asked for an extension of time of 10 weeks. Although he accepted that some items were outstanding, he maintained that practical completion had been achieved. The architect responded with a list of outstanding items which needed to be completed before a certificate of practical completion could be issued, and indicated that the extension of time claimed was excessive.

Mr. Van Heiden suspended the works alleging that he had not been paid, even though no certificate was outstanding and the architect had made it clear that any further claims for payment would be disputed. The architect was of the opinion that in fact Mr. Van Heiden had been overpaid. contract. Mr. Van Heiden. In the end Mr. Van Heiden’s contract was terminated and a replacement contractor appointed. The claimants sued.
As far as the court was concerned, there was no question that the works were defective. Indeed, in correspondence, Mr. Van Heiden had not challenged the suggestion that they were, and the expert evidence fully supported the claimants. Practical completion had not been achieved; there were patent defects in the works and they were not complete.
Mr. Van Heiden could only justify the suspension for non-payment if he suspended the works in accordance with clause 4.7 of the parties’ Minor Works contract, but there had been no outstanding progress payment certificate, and he had not given notice as required by the contract. The claimants had been entitled to terminate the contract, and were awarded damages.
Unfortunately, the claimants’ problems might not be resolved because Mr. Van Heiden is seeking an Individual Voluntary Arrangement, and in a separate and unsuccessful action, had tried to prevent the trial from proceeding.
Copyright: BLISS Books Ltd. 2010.Associated Link :

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   22/3/2010

Subject: Britain’s First Trolleybus Scheme for Construction Contracts Planned for Leeds

Description: Government Pledges £235m of Funding

Plans for the country’s first modern trolleybus system have Programme Entry status from Government. If approved, the system will deliver a high-quality rapid transport system similar to those in Athens and Lyon, to transport people into Leeds city centre. The Department of Transport is to stump up £235m with the remainder coming from local authorities. The scheme would see the construction of a new entrance over the River Aire providing easy, and step free, access to the station by way of the Western Footbridge. This would improve access from the south to the station, enabling passengers to enter the station without going through the Neville Street tunnel and the Rotunda steps, or New Station Street in the case of those needing step-free access, thus reducing journey times for those wanting to visit the south of the city.Associated Link :

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   22/3/2010

Subject: DCLG Publishes Building Regulation Amendments

Description: Amendments to Approved Dcouments B and L1 and L2

The amendments relate to fire safety and the conservation of fuel and power. The circular and related amendment slips may be downloaded from: http://www.communities.gov.uk/documents/planningandbuilding/pdf/1507285.pdfAssociated Link :

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   19/3/2010

Subject: Pay-When-Paid Clause Inoperative

Description: William Hare Ltd. v Shepherd Construction Ltd.

Coulson, J. had held that Shepherd Construction could not rely upon “pay-when-paid” clause to refuse to pay Hare £996,683.35 following the administration of the employer Trinity Wakefield. Ltd. The issue also affected a number of other subcontractors on the project. The “pay-when-paid” clause had been drafted by Shepherd’s solicitors for insertion in a standard form of subcontract. The clause had stated that Shepherd would not be liable to make further payments to the subcontractor in the event that the employer or anyone else responsible for paying Shepherd became insolvent or went into administration, or was the subject of a winding-up order. The clause defined the different methods of becoming insolvent:
“32.2(sic) For the purposes of clause 32.1 a company becomes insolvent:
“32.2.1 On the making of an administration order against it under Part II of the Insolvency Act 1986;
“32.2.2 On the appointment of an administrative receiver or a receiver or manager of its property under Chapter 1 of Part III of that Act or the appointment of a receiver under Chapter 2 of that Part;
“32.2.3 On the passing of a resolution for voluntary winding up without a declaration of solvency under section 89 of that Act; or:
“32.2.4 On the making of a winding-up order under Part IV or V of that Act.”
Trinity had used the same clause in their subcontracts with Hare and C. R. Reynolds.
Trinity went into self-certifying administration, and Shepherd had sought to rely upon the clause to avoid paying the subcontractors. The judge had ruled that the clause could not apply because Trinity had not become insolvent within the meaning of the clause because there had been no order of the court. Shepherd argued that because the drafting of the clause had not taken into account the subsequent amendments to the Insolvency Act brought about by the Enterprise Act which had introduced the self-certifying method of administration, the clause should be construed as covering all the routes to administration.
Shepherd sought to show that the judge’s assumptions had been unrealistic, and argued that any reasonable person would have known about s.113 of the Housing Grants Construction and Regeneration Act 1996 and its amendment and would have appreciated that something had gone wrong with the drafting of the clause. Shepherd produced statistics to show that the majority of administrations were “self certified” to support its argument that any reasonable person would have realised that the drafting of the clause was not correct.
The court found that “pay-when-paid” clauses were made ineffective unless the third party was insolvent, and “insolvency” was defined by reference to the ways in which a company could become insolvent. For a main contractor to have an effective “pay-when-paid” clause, he would have to identify the way in which the third party employer became insolvent by reference to the definition in the legislation. If the main contractor chose a way which was not in accordance with the legislation because the provision had been wrongly drafted, the court saw no reason why, no matter how obvious it was, that the principles in Investors Compensation Scheme Ltd. v West Bromwich Building Society, [1998] 1 All ER 98, would help him out. There was no evidence that it had been realised that an error had been made in the clause. As it stood, the clause did work as it stood, it was just that the number of court orders made was tiny compared with the number of self-certifying administrations. The clause did not share the risk of insolvency, it was simply relieving Shepherd of any liability to pay. If Shepherd wished to rely upon such a clause, it was up to them to get it right. If a party wishes to relieve itself of a legal liability, clear words are needed to do so.
Copyright: BLISS Books Ltd. 2010Associated Link :

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   16/3/2010

Subject: Theale Advertises QS Framework

Description: Three-Year Framework

Theale NHS Trust is advertising a framework to provide quantity surveying services for a range of projects, including providing estimates from complex data, drafting bill of quantities and cost forecasts for civil engineering works. The value of the services provided during the duration of the framework is between £80,000 and £180,000.Associated Link :

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   15/3/2010

Subject: Every Little Helps Tesco

Description: QS and Design Work to Outsourced to India

Tesco has started training Indian architects and QSs to work on its UK projects, Building has learned. The retailer flew the workers to Britain last year, where they were trained in UK architecture and quantity surveying skills. Tesco says that the Indian consultants were only being used until the planning stages of the developments, and the work would revert to British companies after that. Despite Tesco assurances, construction consultants in the UK are worried about the impact of this. A Construction Industry Council survey shows that 54% of the respondents are continuing to suffer from falls in income.
One of Tesco’s rivals said that they had rejected this move because it wasn’t “right”.Associated Link :

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   15/3/2010

Subject: Drivers Jonas and Deloitte Complete Merger

Description: New Firm Called Drivers Jonas Deloitte (DJD

The merger between accountancy firm Deloitte and commercial property consultancy Drivers Jonas has been completed.The new firm, called Drivers Jonas Deloitte (DJD), will employ 700 staff and add a specialist real estate advisory arm to the existing business.
John Adams, partner and head of the Manchester office of Drivers Jonas Deloitte, said: “It is clear that there is enormous potential for our combined advisory services in the North West. We are all eager to begin working with our new colleagues to identify further synergies across the region.”
The Drivers Jonas Deloitte team is currently advising Lancashire County Cricket Club on redevelopments at its Old Trafford stadium, as well as the new £36m regeneration of Chetham’s School of Music in Manchester and the Mayfield civil service office campus near Piccadilly Station.Associated Link :

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   9/3/2010

Subject: Revised Plans Submitted for €80m Cork hospital

Description: Private Developer Plans 930-bed Private Hospital

Owen O’Callaghan has submitted revised plans for an €80 million 930-bed private hospital in Cork which, if granted planning permission, will create up to 300 permanent jobs. This revised application comes three months after An Bord Pleanála refused permission for an earlier application by the same developer to build a private hospital on a site adjacent to Jurys Hotel on Lancaster Quay on the Western Road. Mr. O’Callaghan says that the revised application takes account of the concerns expressed by An Bord Pleanála, and that the project was ready to start at once if planning permission was given.Associated Link :

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   9/3/2010

Subject: Adjudication and Framework Contracts

Description: Adjudicator's Jurisdiction Challenged

AMEC was awarded just under £1m by an adjudicator, and now sought to enforce the decision. The claim arose from a framework agreement for construction and maintenance work. Each separate package of work was the subject of a separate order, referred to in the papers as a “works order” or “works contract”. There were over 300,000 such orders made under the framework. The parties’ contract provided that any dispute was to be governed by the Institution of Civil Engineers’ (ICE) Adjudication Procedure.

Thames Water Utilities Ltd. (TWUL) resisted enforcement on the grounds of breach of natural justice, lack of jurisdiction, and the adjudicator’s alleged failure to deal with the issues put to him.

AMEC had claimed that it was not being paid in accordance with the payment provisions in the framework agreement. In Application no. 57, it made an aggregated claim for sums due across a wide range of works contracts, as envisaged by clause 9.1.1 of Annex 2 to the Framework Agreement. TWUL responded with an aggregated withholding notice, which set out a number of alleged set-offs and defences to AMEC’s claims. On 30 October 2009, AMEC issued a notice of adjudication and Mr. Don Rodgers was appointed as adjudicator.

The court considered the bases for challenging an adjudicator’s decision, and the possible differences in enforcement where the adjudication is under the Housing Grants Construction and Regeneration Act 1996 and where it is under express contractual provisions. The court rejected any suggestion that there was any difference between the two .in principle. In the court’s view, the only potential difference would be a matter of emphasis only, such as where the rules to which a contractual adjudication may be subject expressly permit a particular procedural step, or grant the adjudicator a specific power, which would not otherwise be regarded as typical or implied by the Scheme.

TWUL’s main challenge to the adjudicator’s jurisdiction was that the dispute referred to him had not arisen under the framework agreement but under the series of individual works contracts. Since the adjudicator had been appointed under the framework agreement, and conducted the adjudication in accordance with the ICE Adjudication Procedure, TWUL argued that he had had no jurisdiction.

This argument was rejected for two reasons. The parties’ dispute concerned the validity of AMEC’s Application no. 57 claim which had been made under clause 9.1 of the Framework Agreement and also clause 19.2 of the works contracts which specifically referred back to the Framework Agreement. AMEC’s claim for payment therefore arose under the Framework Agreement. The dispute was also concerned with the validity of TWUL’s withholding notice which had been served in accordance with clause 9.5 of the Framework Agreement so that its defence to AMEC’s claim also made express reference to the terms of the Framework Agreement. Even if the relevant contract were not the Framework Agreement but the works contracts, the adjudicator had not been necessarily deprived of jurisdiction because clause 2 of the conditions of each works contract provided that the Framework Agreement would be incorporated into them. Therefore, as long as the works contracts did not contain a different dispute resolution mechanism, the one contained in clause 12 of the Framework Agreement would be incorporated into the works contracts, and this would have given the adjudicator jurisdiction. In that eventuality, could be a problem about referring multiple disputes. Both the works contracts and the Framework Agreement contained clauses which pointed back towards a dispute arising out of an aggregated application and/or an aggregated withholding notice only being resolved by the adjudicator appointed under the Framework Agreement. The works contracts did not have an express and separate dispute resolution provision. The provisions of the Scheme could not be incorporated into the works contracts because the express terms of the Framework Agreement were incorporated into each works contract.
The court was satisfied that the present dispute had arisen under the Framework Agreement and that the adjudicator had been properly appointed. The consequence of this was that TWUL’s further submissions that the ICE Procedure did not comply with the Construction Act and that multiple disputes had been referred to the adjudicator because of the series of works contracts were irrelevant.
The court then turned to TWUL’s argument that the adjudicator had acted in breach of the rules of natural justice. TWUL submitted that the adjudication had been too big and complex for it to be properly resolved at adjudication, and the adjudicator failed to take account of TWUL’s further response which it had served on 21 December 2009 and all its cross-claims and set-off.
Previous authority established that the size and complexity of an adjudication was not in itself sufficient to found a complaint of breach of natural justice. The correct test to be used by an adjudicator had been identified in CIB Properties Limited v. Birse Construction Limited, [2005] 1 WLR 2252. TWUL’s further response had been served just two days before the adjudicator had been due to give his decision. In those circumstances, the adjudicator had not acted in acted in breach of natural justice if he had just glanced at the material in order to see if it contained anything of real significance. In an adjudication with a tight timetable, an adjudicator is not obliged to consider in detail a second round submission or pleading, served very late in the adjudication process. His overriding obligation is to complete his decision within the time limit. If he cannot consider a document provided so late in the day in any detail, that was just a consequence of the adjudication process. Although a judge or arbitrator would be required to consider a party’s submissions in detail, an adjudicator’s overriding obligation was to comply with the time limits.
In any event, the adjudicator had taken account of the further response. The basis of the allegations that he had not was that he had made no reference to the further response in his decision. However, just because he had not referred to it, did not mean that he had not considered it. He had repeatedly stated that he had referred to all the documents, and had also said so specifically in an e-mail to AMEC’s solicitors. The court accepted that a statement by the adjudicator that he had had regard to all the documents was not necessarily definitive, but it was necessary to look at the decision as well. In the present case, the judge was satisfied from the 28 page closely typed decision that the adjudicator had taken all the documents into account.
Amec Group Ltd. v Thames Water Utilities Ltd. [2010] EWHC 419 (TCC)
Associated Link :

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   7/3/2010

Subject: ROGER KNOWLES HOT TIPS No 2

Description: ROGER KNOWLES HOT TIPS No 2

The QSi would like to thank Roger Knowles for allowing us to publish this Hot Tip. NB – Roger has also supplied 75 recent case studies ( 500 to 1000 words) and other QS Hot Tips. These can be found on http://www.theqsi.co.uk ROGER KNOWLES HOT TIPS No 2 Getting Paid Promptly In times like these, the old saying that Cash is King has never been more apt. Getting the job completed is always at the front end of the mind, but if survival is to be assured, then we all need to “think money” When the cash runs out, the curtain comes down. Prices are under the cosh, but we never should lose sight of the fact that if you are being offered work, there must be a good reason. It is usually a combination of good quality work, ability to complete in the time scale and lowest price. Before signing on the dotted line, having had the price beaten down, it is worth chancing your arm to improve the payment terms. Some offers of work come with a 60 days and often more payment terms, which compares badly with the normal 14 or 17 days provided in many standard contracts. Contrary to what many believe, a negotiating position is at its best when the price has been accepted, the person offering the work is under time pressure to get the project started, but the deal not finally clinched. A threat to walk away from the project, unless the payment terms are improved, may be considered by many to be a high-risk strategy, but often a job on lousy terms is worse than no job at all. Associated Link :

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   6/3/2010

Subject: QSi Linkedin Forum

Description: QSI Linkedin Forum

The QSi now habe a Linkedin forum. http://www.linkedin.com/groups?gid=2598081&trk=hb_side_g Associated Link : http://www.linkedin.com/groups?gid=2598081&trk=hb_side_g

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   4/3/2010

Subject: NEW LINKEDIN SITE

Description: NEW LINKEDIN SITE

Just a note to let you know that QSi have started a Linkedin site. Not only is it a useful forum, you can also make sure that you stay in the loop http://www.linkedin.com/groups?gid=2598081&trk=hb_side_g Why not join us on Linkedin and Link In Associated Link : http://www.linkedin.com/groups?gid=2598081&trk=hb_side_g

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   4/3/2010

Subject: Balfour Beatty to Sell Two PPP Concessions

Description: Interests in Health and Waste Water PPPs

Balfour Beatty has agreed to sell a 23.9% interest in the Edinburgh Royal Infirmary PPP concession and of its entire 50% interest in the Aberdeen Waste Water PPP concession, both to funds managed by AMP Capital Investors Limited, the Australian wealth management company, for an aggregate consideration of £24.3 million. The transactions will generate a profit of c. £21 million.Associated Link :

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   3/3/2010

Subject: £364.4m for Isle of Wight to Improve Roads

Description: Money Given for PFI Road Repairs

The Transport Minister, Sadiq Khan, has announced government funding of £364.4m for the Isle of Wight to enable it to upgrade and maintain its roads under a 25-year PFI contract. The funding will go towards road surface improvement and maintenance, and improvements to street lighting.Associated Link :

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   3/3/2010

Subject: Southend NHS University Trust Advertises Multimillion Pound Framework Contracts

Description: Fifteen Frameworks Advertised

The Southend University Hospital NHS Foundation Trust is advertising multimillion pound consultancy framework services contracts for its estate, including quantity surveying and CDM Co-ordinator services. Associated Link :

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   3/3/2010

Subject: Manchester Council Considers Buying Stake in Spinningfields

Description: Investment Would Allow Next Phase to Proceed

Manchester City Council is considering an offer from Allied London which would allow it to acquire the freehold in the development sites at 1 and 2 Hardman Square and 2 and 3 Hardman Boulevard - and then lease them back to the developer. The investment would give Allied London the funding to build the 580,000 sq ft next phase of Spinningfields by 2015 and put it on the market speculatively this summer. A lack of bank funding has called a halt to the development, which was intended to be a key site for Manchester and the North West of England. Associated Link :

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   2/3/2010

Subject: Cyril Sweett Buys Indian and Australian Consultant

Description: Further Expansion into Asia

Cyril Sweett had bought Indian and Australian consultants Padghams for £1.3m. The companies provide QS services to the health and education sectors in Australia and offer general services in India, with 12 fee earners in Australia and 43 fee earners in India. Most of its staff are engineers by training. Cyril Sweett will combine its existing operations in Australia with the firm immediately.
Cyril Sweett has also announced that it is forming a joint venture company and broader global alliance with Asian QS Widnell Ltd. It said Cyril Sweett and Widnell will co-operate together to develop business opportunities in the region, and the joint venture will trade under the brand name Widnell Sweett Limited. Sweett says that this will enable it to gain a foothold in the lucrative Chinese markets.Associated Link :

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   28/2/2010

Subject: Profits Warning at Baqus Causes Shares Slide

Description: Cancelled Projects Blamed

Building consultant and quantity surveyor Baqus Group Plc has issued a profits warning, blaming the subdued state of the construction industry. In a trading update, it said public and private sector projects had been delayed or cancelled due to government spending cuts and a lack of bank lending. The shares fell more than 24 per cent in early trading to 2.75p. London-based Baqus, which has an office in Chorlton, Manchester, said results for the year to June 30, 2010 were expected to be below current market expectation.
Baqus, which had a registered office in Northwich until last September, was set up by North West entrepreneur Roger Knowles and has grown by acquiring small to medium sized surveying firms including Fletcher McNeil, which had a Manchester office, and the Nigel Rose Group, which had a branch in Warrington.Associated Link :

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   22/2/2010

Subject: Peel Advertises Stadium Contract

Description: Joint Venture between Peel Holdings and Salford City Council.

The stadium 12,000-15,000 capacity stadium is to be built on a 18 hectare site is bounded by the Manchester Ship Canal. There are to be four stands with room for expansion, plus training facilities. The project cost is estimated at between £12m and £15m.Associated Link :

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   22/2/2010

Subject: Korea’s HanmiParsons JV helps builders manage construction cost

Description: Joint Venture with Turner and Townsend

A joint venture between HanmiParsons and Turner & Townsend has launched a new construction cost management service, designed to minimise costs continuously from the initial planning stage of a project to final delivery. Turner & Townsend say their service goes beyond traditional quantity surveying and is focused on predicting and analyzing costs at each stage. The company also provides risk management. In Europe and United States, the ability to inflate construction budgets due to unexpected design changes is limited, because costs are managed using quantity surveying techniques. Recently, foreign investors and developers who have Korean projects have begun to seek quantity surveyors companies that focus on limiting costs.Associated Link :

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   17/2/2010

Subject: Balfour Beatty Appointed to Highways Framework

Description: One of Four Delivery Partners

Balfour Beatty has announced that it has been named as one of the four delivery partners for the Highways Agency’s framework contract to deliver its Managed Motorways schemes. The overall framework contract, which has a value of up to £2 billion, is to reduce congestion, improve safety and make journey times more reliable on key sections of England’s motorways.
The framework contract is expected to deliver the following Managed Motorways schemes by 2015 (subject to funding and completion of any relevant statutory processes): M62 hard shoulder running between junctions 25 and 30 near Bradford
M1 hard shoulder running between junctions 32 and 35a east of Sheffield
M6 hard shoulder running between junctions 5 and 8 near Walsall, Birmingham
M60 hard shoulder running between junctions 8 and 12 east Manchester
M62 hard shoulder running between junctions 18 and 20 north of Manchester
M4/M5 hard shoulder running around Bristol from M4 Junction 19 to M5 Junction 17
Other schemes which improve capacity and traffic flow, using technology to make journey times more reliable, improve safety and provide driver information, could also be delivered under this framework contract.Associated Link :

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   16/2/2010

Subject: Use of JCT Contracts Grows- Survey

Description: Latest “Contracts-in-Use” Survey Published

The latest RICS “Contracts in Use” survey shows that nearly 80% of projects commenced between January and December 2007 used a JCT standard form. This is an increase since the last survey in 2004. The Survey says that the vast majority of building projects used standard forms of contract (98 per cent), with JCT by far the contract family of choice (79 per cent by number), followed by the New Engineering Contract (eight per cent) and GC/Works (six per cent). The survey also revealed that 50 per cent of projects in the £10m to £50m value band use design and build, there is no apparent increase in partnering between 2004 and 2007, and there is little use of partnering arrangements in conjunction with standard forms of contract. Associated Link :

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   15/2/2010

Subject: Plans for £137m West London Regeneration Scheme

Description: Planning Application Submitted

Rydon and 2Dominion are seeking outline planning permission from Ealing Council for the regeneration of the Green Man Lane estate in west London. The proposals envisage the demolition of 464 existing homes to make way for new properties for affordable rent, shared ownership and outright sale. There would also be new community buildings and facilities.Associated Link :

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   15/2/2010

Subject: Worcester Advertises £180m Framework

Description: New Build and Refurbishment Projects

Worcester County Council is advertising a four-year £180m framework contract for new build and refurbishment projects. Three companies will be appointed to undertake construction on various education schemes office accommodation, fire and rescue facilities, health centres and police stations and custody suites. Specialist works such as forensic facilities, control centres, leisure facilities, cultural and adult residential and day care facilities may also be involved. Associated Link :

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   12/2/2010

Subject: Davis Langdon Partners to Vote on US Takeover

Description: Aecom or Jacobs Possible New Owners

Davis Langdon’s partners are to vote on proposals on a possible takeover by either Aecom or Jacobs. “Building” is reporting that negotiations have been ongoing since before Christmas. Sources say that Aecom is more likely to be the victor, because its specialism in project management will sit more readily with DL’s quantity surveying services.
Full story at http://www.building.co.uk/story.asp?sectioncode=29&storycode=3158016&c=1Associated Link :

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   11/2/2010

Subject: Lib Dems Announce WindTurbine Projects

Description: Shipyards to Become Offshore Wind Farms

The Liberal Democrats have announced that they would convert former shipyards into wind farms if elected. The proposal, which they say could create around 60,000 jobs, would allow port authorties on the North and Irish Seas to bid for money froma £400m fund to convert shipyards in towns such as Liverpool, Hull, Edinburgh, Aberdeen and Glasgow.Associated Link :

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   11/2/2010

Subject: New Ferry Port Approved

Description: £200m Port Will be Relocated

Stena Lines is to move its operations from Stranraer to Cairnryan, just over two miles away, leaving an opportunity for the redevelopment 26 acres of waterfront at Stranraer. There has been a significant growth in passenger and freight traffic between Scotland and Northern Ireland, and this development will make this the third largest port in the UK. The new port will open in Autumn 2011.Associated Link :

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   11/2/2010

Subject: Times report on Utility Warehouse

Description: Times Report on Utility Warehouse

Times confirms that Utility Warehouse is one of the best UK companies. Cut you bills and help the QSi by switching your Phone, Gas and Electricity to Utility warehouse quoting number B92260Associated Link : https://www.telecomplus.co.uk/extranet/dlfiles/documents/Times_February_10_2010.pdf

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   4/2/2010

Subject: MSPS Examine Proposals for New Forth Bridge

Description: Signs of Deterioration in Original Bridge

Transport Scotland is to give evidence to Holyrood’s Transport, Infrastructure and Climate Change Committee on the bridge and Stage One of the legislation needed for the construction of a new Forth Bridge. The Scottish Parliament has to approve the proposals contained in last year’s Forth Crossing Bill. The proposed Forth Replacement Bridge is expected to cost between £1.6bn and £2.3bn at 2006 prices, and will take five years to complete. The existing bridge would be used for public transport, cyclists and pedestrians. Associated Link :

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   3/2/2010

Subject: Knowles Hot tip 3

Description: Roger Knowles Hot tip 3 - Thanks to Roger for sending this in.

Roger Knowles Hot Tips No 3 Should You down Tools if Payment is not Forth Coming? Securing payment is more difficult now than at any time in living memory. We are all familiar with the thousand and one excuses provided as to why the payment which was due hasn’t arrived. The general feeling among contractors and subcontractors experiencing difficulties with payment, is that they should down tools and walk off the site until payment has been made. Whilst this is a natural reaction, it is important to understand that whilst under the Construction Act there is an overriding entitlement to stop work if payment hasn’t been made on time, it comes with a set of rules which must be followed. It is necessary to serve a written warning notice, and once seven days have elapsed and payment still hasn’t arrived, there is then an entitled to suspend work. The notice must be sent to the other party to the contract. Without the warning notice, the unpaid party can find itself in the wrong and on the receiving end of a delay claim. If the work is on the critical path, the threat to suspend work often results in the arrival of the money. Where a contractor or subcontractor correctly suspends work, there is an entitlement to an extension of time for completion. Some conditions of contract, such as the JCT standard conditions also provide for payment in respect of loss and expense incurred as a result of the suspension Associated Link :

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   2/2/2010

Subject: Skanska Wins Essex BSF PFI

Description: Contract worth £1bn

Skanska Infrastructure Development has beaten off Carillion to win the £1bn Essex Building Schools for the Future PFI scheme, under which it will assume responsibility for financing and the design and construction of new schools in the area for the 26 years from 2011. Skanska has the majority holding in a consortium which also includes RM plc, which will take care of the information and communication systems.
Three new schools will be developed in co-operation with the Essex Local Education Partnership, in which Skanska and RM are 80% shareholders. Skanska UK will undertake the design and construction of the schools. Associated Link :

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   1/2/2010

Subject: JCT Tightens Terrorism Provisions

Description: Amendment Issued to Contracts

Terrorism provisions within JCT contracts have been amended. JCT (the Joint Contracts Tribunal) has issued an update to its standard forms of contract to rationalise a contractor’s liability for loss or damage on the project resulting from an act of terrorism.
The passing of the Terrorism Act 2000 has led to a gap emerging between risks excluded from insurance policies and risks covered by Pool Reinsurance (Pool Re). Pool Re is the default cover on a project where no terrorism insurance is specified – Pool Re is the insurer of the last resort, underwritten by the Treasury. Possible difficulties in complying with the requirements of its insurance Options A, B and C had previously been highlighted by JCT and the purpose of this update is to avoid them. Associated Link :

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   29/1/2010

Subject: New QSi Ecademy and Linkedin sites

Description: New QSi Ecademy and Linkedin sites

The QSi now has a blog on Ecademy and Linkedin. Why not have a look at our new sites? http://www.ecademy.com/module.php?mod=club&c=7066 http://www.linkedin.com/groups?gid=2598081&trk=myg_ugrp_ovr Associated Link : http://www.ecademy.com/module.php?mod=club&c=7066

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   29/1/2010

Subject: Roger Knowles Hot Tip 2

Description: Roger Knowles Hot Tip 2

Log into our new QSi Ecademy site and read Roger Knowles Hot Tip 2Associated Link : http://www.ecademy.com/module.php?mod=club&t=1095666#endm

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   28/1/2010

Subject: Late Payment Problem Worsens

Description: ECA Urges Government to AccelerateNew Construction Act

The latest report from Experian shows that late payment is on the increase, with invoices being paid on average 20.61 days late. This is 4.5% higher than December 2008. The average payment time across all industries was 20.88 days. The Electrical Contractors' Association is urging the government to bring forward the publication of the secondary legislation required to bring section 8 of the Local Democracy, Economic Development and Construction Act 2009 into force. This section seeks to to improve payment practices.Associated Link :

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   28/1/2010

Subject: NAO Warns of EDF's Undue Influence

Description: Governement Needs Contingency Plans

The National Audit Office is warning that EDF has a "potentially significant influence" over the UK's nuclear building programme, and that the government should have a conteingency plan in case EDF is unwilling to build the required power stations. EDF owns nearly half of the 11 sites which have been identified as potential nuclear power stations. The sites include Hinckley Point and Sizewell.Associated Link :

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   27/1/2010

Subject: Changes to Limitation Periods Dropped

Description: Government Abandons Plans After Consultation

Following a consultation, the government has announced that it has abandoned plans to change limitation liability periods. The proposed amendments to liability periods would have reduced the current six years for a simple contract and 12 years for a deed, to a standard three-year limitation period for all contracts to run from the claimant’s “date of knowledge”. Lawyers had warned that the changes would have led to more disputes about whther a claim had been brought in time.Associated Link :

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   22/1/2010

Subject: Public Procurement Challenge Thrown Out

Description: Court Rejects Application for Interim Injunction

B2Net responded to a tender issued by the defendant for the provision of IT goods and services, returning the Pre-Qualification Questionnaire (PQQ). The tender was for three Lots. After the defendant had evaluated the PQQS, it told B2Net that it had been unsuccessful, and would not be asked to submit a tender. At the debriefing, the defendant informed B2Net that it had scored the maximum available points for all but two of the criteria, the Quality Management System requirement and the breadth of experience. In these areas, B2Net scored 12 out of 30 and 45 out of 75 respectively.

To prove its previous experience, B2Net had been required to provide details of five example contracts from five different customers during the previous three years for Lot 2. The relevant part of the PQQ gave details of the information required, and then stated at the end: “Please note, no response to this question is required”. This was the only part of the PQQ which was optional. At the debriefing B2Net was told that out of the examples given, four of the contracts had not been awarded directly to B2Net and that this had been reflected in the marking under this section. B2Net pointed out that in answer to a question by another bidder which had been communicated to all, the defendant had stated that where a contract was placed directly, or owned or driver by the reseller, but a third party was used as an invoicing mechanism, a bidder would not be precluded from being award 5 points. B2Net stated that it had always provided its services directly to the client, and that it had used DSGI simply as a transactional partner providing an invoicing mechanism to satisfy procurement rules.

Subsequently, the defendant wrote to all bidders informing them that the question on “Growth of Business” in the PQQ had been challenged on the grounds of validity and had been removed. Consequently, the number of bidders which would be invited to tender would be increased. However, the defendant drew the qualifying line just above B2Net’s score. B2Net informed the defendant that it intended to challenge the scores it had been awarded and invited it to defer making any award. The main challenge was the validity of question L2c6 on previous experience.

B2Net sought an interim order preventing the defendant from continuing with the process. The court considered whether there was an issue to be tried as to whether the defendant had breached its obligations under the Public Contracts Regulations 2006.

The court concluded that for the defendant there was a justifiable difference between a prime contractor and a subcontractor. B2Net’s attempt to combine the two was weak. The court then turned to B2Net’s argument that damages would not be an adequate remedy because it was being barred from the opportunity to tender for the framework contract. The court applied the test in American Cyanamid C. v Ethicon Ltd., [1975] 1 All ER 504, the evidence pointed towards the conclusion that damages would indeed be an adequate remedy, more readily capable of calculation than many claims for damages for loss of business that came before the courts. Because of the weakness of B2Net’s case and because damages would not be an adequate remedy for the other parties who would be affected by the granting of an injunction, the court rejected the application. Associated Link :

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   22/1/2010

Subject: Trinity Project Eats into Shepherd’s Profits

Description: Contractor Posts £1.5 million Loss

Shepherd Construction has posted a £1.5m pre-tax loss for the ear to June 2009 because of £26m of exceptional costs. The majority of this was due to financing problems on Wakefield’s Trinity Place project because of the recession. Some of the other charges related to company reorganisation and commercial property revaluation. Associated Link :

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   22/1/2010

Subject: Negative Comments Prompt PBA Rethink

Description: JCT to Review Project Bank Accounts

The results of a consultation undertaken by the Joint Contracts Tribunal has showed that only 5% of parties have any experience of project bank accounts (PBAs), and only 30% of projects are likely to use them. There is some disappointment about the industry's lack of enthusiasm for PBAs, particularly since they are one of the Office of Government Commerce's weapons in the war against unfair payment practices. Despite the low uptake in PBAs, 90% of those responding to the survey thought that the PBA provisions would be suitable for use on their project. The JCT is taking on board some of the criticisms and concerns expressed with a view to possible changes to the PBAs. Associated Link :

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   18/1/2010

Subject: Works Begins on 2014 Commonwealth Games Arena

Description: National Indoor Sports Arena for Badminton and Cycling Events

Construction work has begun on the National Indoor Sports Arena (NISA) and Sir Chris Hoy Velodrome, a venue which will host the badminton and cycling events at the 2014 Glasgow Commonwealth Games.
One of the biggest indoor sports facilities of its type in Europe, the NISA and velodrome will be located on a 10.5 hectare brownfield site close to Celtic Park in the East End of the city.
The complex will be the principal new dedicated sports facility for the 2014 Games and a national training centre for athletics, basketball, netball, track cycling and volleyball.
The venue’s highly flexible 5,000-seat indoor arena will be capable of staging international sporting events in a wide range of disciplines. The velodrome will house a 250m high-banked wooden cycle track and multi-use infield area. It will have a permanent 2,500 spectator capacity which will increase to 4,000 during the Games.Associated Link :

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   18/1/2010

Subject: Local Authority Breached Statutory Duty

Description: Liable for Contribution for Removal of Support

Rushmoor Borough Council has been found neligent and in breach of statutory duty following the collapse of a house during works undertaken by Crowley Civil Engineers. The house collapsed when the support of a flank wall was removed during paving works. Crowley settled with the home owners, and then sought a contribution from the council. The court found that the Council should have undertaken adequate inspections which would have revealed that the foundations to the house were unsually shallow. The council was found to be 80% contributorily negligent.Associated Link :

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   18/1/2010

Subject: Lewis Wind Farm Approved

Description: 150 Full Time Construction Jobs will be Created

A 33 turbine, 118 Megawatt (MW) wind farm at Muaitheabhal in the Western Isles, providing green electricity for 55,000 homes, nearly four times the number of homes on the islands, has been given the go ahead by Energy Minister Jim Mather.Associated Link :

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   18/1/2010

Subject: BAM Wins Multimillion Pound Contracts

Description: Beats Laing to Chiltern Railways’ Evergreen project.

BAM Nuttall has won a £190m contract for phase 3 of the Chiltern Railways’ Evergreen project, which, it is believed will involve upgrading of about six stations between Oxford and London and linking two lines.
BAM has also recently won a £250m contract for the revamp of Tottenham Court Station in partnership with Taylor Woodrow.Associated Link :

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   18/1/2010

Subject: Enfield Seeks Development Partner

Description: Plans for £80m Housing Development

The London Borough of Enfield is looking for a development partner to build more than 360 homes for its Ladderswood Way estate redevelopment. The core contract comprises of building 236 private housing units for sale and 129 social rented units as well as associated landscaping and construction of social infrastructure. Three companies are to be selected by competitive dialogue. The deadline for tenders is 18 February.Associated Link :

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   12/1/2010

Subject: Deed Incorporated Terms of the Scheme

Description: Party no Entitlement to Set-off from Adjudicator's Award

The Technology and Construction Court in Bristol has found that the parties' amendment to their Model Conditions of Contract for Repair Modification and Rehabilitation of Boilers and Associated Plant to provide for adjudication did not entitle a party to set off from an adjudicator's award.
Whether or not there was an entitlement to set-off depended upon whether the Housing Grants Construction and Regeneration Act 1996 applied to the contract i.e. whether the contract was a “construction contract” within the meaning of the Act. RWE sought to rely upon the Deed which incorporated adjudication provisions into the contract, arguing that express provisions were required to exclude a right of set-off. Alstom’s take was that the Deed incorporated the provisions of the Scheme for Construction Contracts, which included the incorporation of the provisions of the underlying legislation so that set-off was prohibited.
The judge found that the effect clause 11 of the Deed was to incorporate the provisions of the Scheme, and by choosing to do this rather than use their own bespoke adjudication provisions, the parties had intended to import into the contract the underlying Parliamentary intention. Consequently, the incorporated wording should be given the same interpretation as the Scheme unless there were something else in the contract or in the background to it which forced a different conclusion. It was not possible to interpret the contract as permitting set-off from an adjudicator’s award without contradicting the purposes of the Scheme. Associated Link :

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   12/1/2010

Subject: Scottish Government Approves 2 Wind Farms

Description: Schemes Will Supply 45,000 Homes

The Scottish government has approved the 52.5 Megawatt (MW) Baillie wind farm near Thurso, which will supply almost 25,000 homes and feed electricity in to the upgraded Beauly-Denny line. The £80 million scheme will create 30 jobs during construction with permanent local operation and maintenance jobs. The applicant will make an annual contribution to the West Caithness Community Fund to support local projects and five local businesses will be supported by rental income.
An extension to the Rothes wind farm near Elgin will boost capacity by an additional 45 MW, increasing the generating capacity from 50 MW to 95 MW. The extension will be capable of supplying over 20,000 homes. Around 60 construction jobs will be created, with permanent local operation and maintenance jobs. A community benefit fund will also be established.Associated Link :

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   8/1/2010

Subject: Universities Slash Building Programme After Government Cuts

Description: Universities Review Options

More universities have begun to review their building programmes following the announcement of capital funding cuts by the government of over half. Some universities, such as Imperial College, London and Bristol are to reduce their programmes by 40%. Some universities are investigating ways of making up the shortfall by using private money. Cambridge, for example, is planning a bond issue.Associated Link :

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   8/1/2010

Subject: RICS Postpones Decision on CIC Withdrawal

Description: Pressure from QS Members

The Royal Institution of Chartered Surveyors has postponed making a decision on whether or not to withdraw from the Construction Industry Council for three months. There has been considerable pressure from members to get the RICS to change its mind about the move.Associated Link :

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   8/1/2010

Subject: Davis Langdon Profits Crash

Description: Recession Bites Despite Increase in Turnover

Davies Langdon has reported a 55% fall in profits in Europe and the Middle East despite a 6% increase in revenue. The figures have been blamed partly on the adverse conditions in commercial and retail development which accounted for a third of the company’s fees. In contrast, the company expects its global results to show a 20% growth in turnover. Associated Link :

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   6/1/2010

Subject: UK Government to Announce R3 Wind Farm Contractors

Description: UK’s most Expensive Renewables Project

The winning contractors for the £3 offshore wind farm project are to be announced this week. The anticipated value of the project is £100bn by 2020, and the project will be a blueprint for future schemes. The government is hoping that it will also create a UK-based renewables industry, which will have long term benefits.
Aberdeen-based offshore contractor Sea Energy and Portuguese utility EDPR are expected to be awarded Scotland’s Moray Firth zone, while Dublin-based Mainstream Renewable Power has reportedly won the Hornsea zone. Other winners are understood to include E.ON, Centrica and DONG.Associated Link :

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   6/1/2010

Subject: Dubai World Re-Commences London Gateway Project

Description: £1.5bn Project Will be Largest in Europe

Work on the essential infrastructure has restarted on the suspended London Gateway Project, the £1.5bn combined deep sea port and logistics scheme. Promoter DB World, which has been suffering from financial problems, had reviewed is options in the light of the current recession and has decided to go ahead, having purchased the extra land needed and bought out Royal Dutch Shell. The London Gateway project is one of the main drivers for the Thames Gateway and the Prime Minister has welcomed the news. Associated Link :

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   4/1/2010

Subject: Adjudicator has Jurisdiction to Decide on Admissibility of Evidence

Description: No Breach of Natural Justice to Disregard Earlier Void Decision

The Jacques sisters sought an order enforcing an adjudication award made in their favour. The claimants had used their life savings to purchase a property and develop it into flats in order to provide an income. They engaged the defendant contractor, Ensign, to renovate the property for a contract sum of £139,300. The Contract Administrator was Huw Thomas. In a previous adjudication, it had been decided that practical completion had taken place on 3 November 2006, but there were outstanding issues about defects and whether outstanding works had been completed promptly. Mr. Thomas had certified payment of £319,058.56. His services were dispensed with and he was replaced by a Mr. Irvin.

There followed further adjudications between the parties which related to the service of the withholding notice, practical completion, and deductions made from certificate no., 7. The adjudicator in the third and fourth adjudications was Mr. Sutcliffe. In the fourth adjudication, the Jacques submitted that £198,000 of the £300,000 paid to Ensign was repayable because of deficiencies in the works. Mr. Sutcliffe decided that the “fair and reasonable value” of the Contractor's final account was £297,737.86, and ordered Ensign to repay £28,764.15. This decision had been based on a full investigation, which had included a site visit. He also expressed the view that the removal of Mr. Thomas amounted the Jacques “usurping the power and authority of the Contract Administrator”. The adjudicator attached considerable weight to Mr. Thomas’ witness statement in which he had expressed the view that Ensign’s standard of work had been generally in accordance with that required by the contract. Adjudication no. 4 was not enforced because Ensign raised a number of jurisdictional issues, including the adjudicator’s failure to address its disruption claim. On 30 July 2009, the parties came to a written agreement that Mr. Sutcliffe’s was void. And not binding upon them. This was reflected in a consent order, which also stated that the Jacques were entitled to adjudicate at any time a dispute concerning the amount to be paid to the Claimant pursuant to a final certificate issued…pursuant clause 4.8 of the JCT Minor Works Contract 2005 with Contractor’s Design.”
The Jacques served a Notice of Adjudication for what was to become adjudication no. 5. Essentially this related to the value of the final account, and included a claim for lost rent and repayment of £187,076.23. What was sought was the value of the works said to have been properly carried out, taking into account such defects. Mr. Paul Jensen was appointed as adjudicator.
Ensign maintained that it was owed £98,786.73, and, in its response, attached considerable importance to the null and void decision of Mr. Sutcliffe, particularly where he had stated that the Jacques’ submission that 60% of the works were defective was “doomed to failure”, and his finding that £298,587.86 represented a fair and reasonable value of the final account. Ensign also complained about the way in which the jurisdiction had involved themselves in Mr. Irwin’s work and “hampered” progress, and alleged that Mr. Irwin and a Mr. Nelson who had also been involved had not been independent, but had used their involvement in the project to generate work for their own company unbeknown to the Jacques. Ensign submitted that there had been no impartiality and that the Jacques’ case was based on lies.
Mr. Jensen wrote to both parties, informing them that he would not be taking into account Mr. Sutcliffe’s decision, which he considered to be irrelevant, but would be basing his decision on his own view of the evidence and submissions. Ensign’s solicitors responded that his failure to even read Mr. Sutcliffe’s decision was a breach of the rules of natural justice, as he would be unable to properly consider its response. Ensign reserved the right to challenge Mr. Jensen’s subsequent decision on that basis.
Mr. Jensen found that Ensign should repay the Jacques £96,868.18. In his reasoned decision, he stated hat he had carefully considered all the evidence and submission although not specifically referred to in this Decision”. Ensign paid neither Mr. Jensen’s fees nor the sum awarded to the Jacques, and they commenced the present enforcement proceedings. Ensign resisted enforcement, arguing that Mr. Jensen had breached the rules of natural justice by refusing to read Mr. Sutcliffe’s decision, and, therefore, he could not have considered or addressed the arguments and defences put forward by Ensign by reference to that earlier decision.
Whilst an adjudicator must properly consider all defences properly put forward, it was within his jurisdiction to decide what evidence was admissible, or helpful. If an adjudicator decides that some evidence is inadmissible, then it will rarely amount to a breach of the rules of natural justice even if he had been wrong in fact or law. In almost all natural justice cases, it will be necessary to distinguish between an adjudicator’s failure to consider a substantive issue and an apparent failure to address all aspects of the evidence given in a defence. Given the nature of adjudication and the time scales involved, it is not always possible for an adjudicator weigh up every aspect of evidence, and an adjudicator should not be considered to be guilty of breach of natural justice because he has failed to address each piece of evidence adduced by the parties.
Mr. Jensen had acted within his jurisdiction in not taking into account Mr. Sutcliffe’s decision because it had been within the ambit of his jurisdiction to decide whether or not it was admissible. As the parties had agreed that that decision was null and void, it was not binding upon Mr. Jensen, and it was not an inherent defence in adjudication no. 5. Mr. Jensen’s refusal to take it into account could not be categorised as an adjudicator failing to refusing to consider or address a defence. His decision not to consider a decision which was null and void had not been perverse or irrational. After Mr. Jensen had informed the parties that he would not taken into account Mr. Sutcliffe’s decision, Ensign had had ample time to present further evidence and argument and had done so. Mr. Jensen had also made it clear in his reasoned award that he had taken into account all the evidence and submissions and the content of his decision bore this out.
Because Ensign had raised a prima facie case that the Jacques would not be able to repay the award if required to do so, the court ordered a stay of execution on £60,000 of the award.
Associated Link :

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   23/12/2009

Subject: Court Reviews Adjudication Slip Rule

Description: Adjudicator Can Correct Mistake

O’Donnell (ODD) applied for summary judgement to enforce to adjudication decision. The defendant, BAL, challenged the adjudicator’s jurisdiction to make corrections in one adjudication, plus a stay. BAL later withdrew its application for a stay, so that the remaining issues were whether ODD was entitled to be paid £148,468.67 in accordance with the correction made to the adjudication, and what order for costs should be made.
ODD was engaged by BAL as a concrete frame subcontractor under a DOM/2 subcontract. BAL was the main contractor on the Cube in Birmingham. There were a number of disputes about interim valuations, extensions of time, and loss and expense, with a number of adjudications. Adjudication 8A was concerned with the value of contract works in Interim Valuation no. 25, and the validity of deductions made by BAL.
The adjudicator found that ODD was entitled to payment of £14,328,131.88 less retention, valid BAL deductions and payments to date. The next day, ODD notified the adjudicator that they thought there were two errors in his decision because he had included a sum paid for loss and expense awarded in Adjudication no. 7 which was after the date of Valuation no. 25. ODD also pointed out that at Item K in the table in the adjudicator’s decision, he had calculated the retention as 3% of the gross value of the works, including loss and expense (at Item F) and not 3% of the gross value excluding loss and expense.
BAL objected to these items being corrected, arguing that they did not come within the definition of slips which the adjudicator was entitled to correct. The adjudicator wrote to both parties, stating that he did have the power to correct both mistakes, and issued a corrected version , which awarded ODD £778,267.25 plus applicable VAT and interest..
Adjudication no. 9 dealt with the validity of BAL’s withholding notices against Valuation no. 26. In that adjudication, ODD was awarded £285,306.56. BAL did not pay the awards made in Adjudications 8A and 9, and it made it clear that it would challenge any enforcement proceedings on the basis that the adjudicator had not had the jurisdiction to make the corrections in Decision 8A. In addition, BAL said that it would seek a stay because of ODD’s alleged insolvency. This application for a stay was later withdrawn, and it paid ODD £920,670.35 in respect of both decisions.
The issue of whether the adjudicator had the jurisdiction to make the corrections remained to be resolved. BAL said that the adjudicator should not have made the corrections because he had asked ODD for information about the sums paid and the error he had made had been caused by ODD mistakenly giving incorrect information. That being so, BAL said that the correction to Decision 8A did not come within the slip rule, and it had not been open to the adjudicator to make the correction and increase the sum payable to ODD. ODD argued that the decision to amend the decision did fall within the slip rule provisions because the original decision had not reflected his intentions.
Generally, an adjudicator’s decision will be enforced even if it contains an error, or if he answers the right question in the wrong way. The slip rule enables an adjudicator to correct his decision providing that the correction is made within a reasonable time, even if the time for making his decision has expired. The present application for summary judgement raised a question of to what extent a court can interfere with an adjudicator’s exercise of his power under the slip rule.
Having reviewed a number of authorities, and listened to counsels’ arguments, the judge distilled the following propositions. If an adjudicator were to exercise a slip rule when there was no express or implied slip rule, that would clearly be a decision which was outside his jurisdiction. If a party asked the adjudicator to correct a slip and the adjudicator accepts that an error has been made within the slip rule then if the adjudicator makes an error of fact or law in making the correction, the judge considered that such an error did not take the exercise of the slip rule outside his jurisdiction. Finally, if a party asks an adjudicator to correct a slip which the other party agrees is a slip within the slip rule but in operating the slip rule he makes and error of fact or law, then Ramsey, J. was of the opinion that the court could not interfere in that decision.
Each case would have to be considered on the facts. In the present case, BAL had accepted that the slip rule was an implied term of the DOM/2 subcontract. The adjudicator had been asked to correct a slip, and accepted that he had made a mistake within the slip rule. Under those circumstances, the judge was of the opinion that the court could not and should not interfere because if it did, it would be comparable to interfering in a case where the adjudicator had answered the right question whether he was right or wrong in the answer given.
The present case was similar to that of YCMS Ltd. v Grabiner, [2009] EWHC 127 (TCC), where the adjudicator had made a patent error. He had been right to recognise the mistake as “inadvertent slip” because he made a deduction which he had not intended to make. This often happened, and was could be caused because the adjudicator relied upon information given by one of the parties. It was not that the adjudicator was trying to have second thoughts about his decision. Because the adjudicator had used the slip rule to correct an accidental error, BAL had no real prospect of successfully defending ODD’s claim.
ODD was awarded summary judgement, and awarded the costs of its summary judgement application on an indemnity basis, plus the costs of BAL’s withdrawn application to stay.
Copyright: Building Law Information Subscriber Service 2009.Associated Link :

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   23/12/2009

Subject: Hirer Ntot Liable for Plant Driver's Injuries

Description: CPA Conditions Considered

The defendant, Brush Transformers Ltd., (BTL), hired a large mobile crane from MacSalvors (Plant Hire) Ltd., (MPH), to use in work on an electricity substation. The crane was supplied with Mr. Jose, an experienced operator. Mr. Jose was injured when he fell from the crane, and claimed against MPH for personal injury and loss and damage incurred due to its negligence or breach of statutory duty. Liability was agreed and MPH accepted that it was 25% contributorily negligent. The claim was compromised by MPH paying Mr. Jose £50,000. MPH brought third party proceedings against BTL, claiming to be indemnified under the clause 8 and 13 of the Construction Plant Association’s Model Conditions of Plant Hire.
The judge at Taunton County Court concluded that Mr. Jose was a competent operator although his method of descending from the claim had been unwise on that particular occasion, and rejected MPH’s submission that the accident had been caused solely by Mr. Jose’s negligence. He found that MPH had been in breach of regulation 6 of the Construction (Health, Safety and Welfare) Regulations 1996, and had been right to pay Mr. Jose the damages. In the judge’s view, 8 had been intended to cover the situation where the actions of the operator caused an accident and there was some consequential loss and damage. The wording of Clause 13 did not assist MPH because “if contractors … wish to exempt themselves from their own acts of negligence then they must set this out in express and specific terms”, but that had not been done. He found the present case to be similar to E. Scott (Plant Hire) Ltd. v British Waterways Board, Court of Appeal, 20 December 1982 unreported, and that he was bound by that decision. He dismissed MPH’s claim against BTL, and MPH appealed.
Clause 8 of the contract states:
“8. HANDLING OF PLANT
“When a driver or operator or any person is supplied by the Owner with the plant, the Owner shall supply a person competent in operating the plant or for such purpose for which the person is supplied and such person shall be under the direction and control of the Hirer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of Clause 13) who also shall be responsible for all claims arising in connection with the operation of the plant by the said drivers/operators/persons. The Hirer shall not allow any other person to operate such plant without the Owner’s previous consent to be confirmed in writing.”
By clause 13, the Hirer must “fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to personal property caused by or in connection with or arising out of the … use of the plant during the continuance of the hire period...” MPH argued that this claim was for the injuries suffered by Mr. Jose in connection with his use of the plant during the period of hire, and giving the words their ordinary meaning, this claim was included since the words of clause 8 were wide enough and unlimited in their scope. MPH argued that “all claims” included a claim by the driver.
Previous authority established that since the driver of the plant is beyond the control of an owner, an owner naturally wishes to pass on the responsibility for a driver’s negligence to the hirer. This is achieved by clause 8. As long as a competent driver is provided, the parties agree to treat him as the server of the Hirer, and, as between them, the Hirer will be responsible for all claims arising out of the operation of the plant. What was not contemplated was making the Hirer liable for claim arising from the Owner’s own negligence.
By clause 13, the Hirer must “fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to personal property caused by or in connection with or arising out of the … use of the plant during the continuance of the hire period...”. The court considered whether the principles in Alderslade v Hendon Laundry Ltd., [1945] K.B. 189, operated so that any negligence by the owner was excluded.
The court concluded that an Owner cannot claim to be indemnified under Clause 13 for the injuries to its driver arising out of the use of the plant during the continuance of the hire period when that damage arose due to its own negligence. The judge had found negligence not just breach of statutory duty. It made no commercial sense whatever to submit that the Owner may fail because he did not expressly allude to “negligence” but he could still succeed because “breach of statutory duty” is something completely different and does not merit express mention. The two concepts went hand in hand. Neither was unmistakably and unequivocally excluded. The Owner could not seek an indemnity for its own negligence or its own breach of statutory duty.
Copyright: Building Law Information Subscriber Service 2009.Associated Link :

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   23/12/2009

Subject: £3.5m Investment Pledged for UK’s First Commercial Tidal Farm

Description: Farm Planned in Next Two Years

British tidal energy company Marine Current Turbines (MCT) has raised £3.5m from an investor group led by Carbon Trust Investments Limited and including Bank Invest, EDF Energy, High Tide and a group of significant private investors, to help MCT in its plans to deploy the UK’s first commercial tidal energy farm.
MCT is the developer of SeaGen, the world’s first and largest grid-connected system that extracts energy from tidal currents. Part of the new funding will support MCT’s first deployment of SeaGen in Northern Ireland’s Strangford Lough which has now been successfully operating for more than six months. The company is now also looking to export its technology abroad.Associated Link :

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   21/12/2009

Subject: Exhibition for Construction and Engineering Surveying

Description: Exhibition for Construction and Engineering Surveying

XCES 2010 – Exhibition for Construction and Engineering Surveying
SURCO Limited
XCES 2010 – Exhibition for Construction and Engineering Surveying Co-sponsors of XCES 2010 - ICES, ICE, IHIE, ABE, CIAT, RSPsoc and AGI
For all who are involved with the measurement and monitoring of objects, space, quantities and costs within the built environment.
Following on from the success of the first XCES exhibition in April 2009, SURCO Limited, the information business of the Chartered Institution of Civil Engineering Surveyors, presents XCES 2010. XCES will again follow its established theme of being informative, educational and entertaining for all those who exhibit and attend. It will also be the first exhibition held to support the activities of the newly chartered institution.
Products showcased at XCES 2009 included; measurement, mapping, modelling, machine control, GIS, GNSS, laser scanning, data collection, CAD, terrain modelling, visualisation, underground detection, photogrammetry, aerial imagery, education and training….
This year, we aim to bring together the industry’s commercial and geospatial professions by featuring additional products and services, such as; project management software, bills of quantities, estimating, contract management, cost control, planning and programming, electronic document handling and monitoring which will be of interest to commercial managers, quantity surveyors, project managers, estimators, cost engineers and anyone who is involved with the measurement and monitoring of objects, space, quantities and costs within the built environment.
An educational zone will also be in place throughout the afternoon on 3 March which will provide the exhibitors an opportunity to demonstrate and provide activities and hands on experience of the latest equipment and software to the next generation of surveyors.
XCES will be staged at one of the top event venues in the south east, Sandown Park Racecourse, on 2 and 3 March 2010.
Visitors at XCES will be offered the chance to attend different workshops enabling exhibitors the opportunity to further promote their products and services.
An evening dinner has also been arranged during XCES. The evening will join colleagues together for a night of socialising with fine dining and top class entertainment.
THE FIRST 300 ONLINE REGISTERED VISITORS WILL RECEIVE A £5 FOOD AND DRINK VOUCHER.
Further information is available on the exhibition website www.surco.uk.com/xces.php and XCES will be promoted in Civil Engineering Surveyor, the monthly journal for the members of ICES, and other leading industry publications over the coming months.
For further information please contact:
Alan Lees Media Sales Manager SURCO Limited Dominion House Sibson Road Sale Cheshire M33 7PP United Kingdom Telephone: +44 (0)161 972 3122 Email: alees@cices.org www.cices.org Associated Link :

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   21/12/2009

Subject: The QSI is now on Linkedin

Description: The QSi is now on Linkedin

The QSi is now on Linkedin
http://www.linkedin.com/groups?gid=2598081&trk=myg_ugrp_ovr
Why don’t you LINK and join in with discussions and place your contribution onto the site.
If you are a Freelance, why don’t you advertise your services?
If you are a Builder / Contractor tell us about your company
If you are in Private Practice, why not place your details on the site.
If you need a job or have one to offer, this can also be placed in LINKEDIN
Andrew Williams Associated Link : http://www.linkedin.com/groups?gid=2598081&trk=myg_ugrp_ovr

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   21/12/2009

Subject: QSI/ CIOB Joint event -13th January 2010

Description: QSi /CIOB Joint Event -13 th January 2010

Geraldine Fleming CIOB/QSI - Joint CPD Event - 13th January 2010 - Pitfalls of Contracting by Geraldine Fleming of Knowles.

This is an open invitation extended to all QSi members:-
Further to our recent discussions in relation to QSi and the potential for future connections and involvement with the CIOB.
On behalf of the CIOB, and more specifically, the North Wales Centre, we are delighted to confirm our invitation to QSi to make our 13th January 2010 a joint event.
This event is to be delivered by Geraldine Fleming of Knowles, and is the first in a series of CPD’s entitled ‘Pitfalls of Contracting 1’. The event will be held in the Madog Room at Llandrillo College, Llandudno Road, Rhos – on – Sea, North Wales, LL28 4HZ, and we will meet for informal networking at 19.00hrs for a 19.30hrs event commencement.
The "Pitfalls" to be covered are listed below. Looking forward to seeing a full house on 13 January 2010.
Regards
Geraldine
1. Where a contractor’s order form includes the words “unless otherwise agreed the subcontractor is deemed to have accepted these conditions which shall apply to the exclusion of any conditions which appear on the Acceptance Form, Delivery Form or other document or letter emanating from the subcontractor”, will the conditions in the contractor’s order take precedence over any conflicting conditions referred to in the subcontractor’s acceptance?
2. Where a contractor / subcontractor whose tender is successful receives a letter of intent, is he at risk in commencing work or ordering materials or design if the project is abandoned before a contract is signed. On the other hand is he entitled to payment?
3. Can a subcontractor who finishes late have passed down to him liquidated damages fixed under the main contract which are completely out of proportion to the subcontract value?
4. If the employer suffers no loss as a result of a contractor / subcontractor’s delay to completion, is he still entitled to deduct liquidated damages?
5. Where a contractor / subcontractor includes in error an unrealistically low rate in the bills of quantities, can he or she be held to the rate if the quantities substantially increase or is he or she entitled to have the rate amended. What is the position if the rate is unreasonably high?
6. Where a cheque which is less than the amount claimed is sent to a contractor / subcontractor with an accompanying letter to effect that the cheque is sent in full and final settlement, does the cashing of the cheque indicate a binding acceptance or can the contractor / sub-contractor, having cashed the cheque, commence proceedings to recover the balance?
Associated Link :

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   20/12/2009

Subject: The new QSi Linkedin Group

Description: The new QSi Linked in Group

Why not have a look at the new QSi Linkedin Group over Christmas. Better still why not become involved an put your thoughts "on paper." QSi - Quantity Surveyors International http://www.linkedin.com/e/vgh/2598081/ Associated Link :

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   19/12/2009

Subject: Roger Knowles Hot Tips 1

Description: Roger Knowles Hot Tips 1

Roger Knowles Hot Tips 1 Subcontract Programmes Time is always at a premium. When entering into a subcontract, it is the norm for the subcontractor to have its time slot squeezed to fit into the main contractor’s programme. When a time slot has been agreed, often on a take it or leave it basis, there are a few dos and don’ts which need to be observed. When the subcontract is being drawn up for signing, make sure the agreed time slot is stated clearly in the subcontract. For goodness sake do not sign up to a subcontract which states that the subcontractor is obliged to carry out the work at such times, and in the order the contractor shall from time to time direct. If the subcontract states that the subcontractor must carry out the work in accordance with the contractor’s programme, make sure there is a programme reference number stated in the subcontract and you have actually seen the programme. Programmes are regularly changed and if care isn’t taken, the subcontractor’s time obligation becomes a movable feast. Email roger@rogerknowles.com Associated Link :

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   15/12/2009

Subject: £12m Transport Scheme Planned for Hucknall

Description: DOT to Provide £10m

The Transport Minister, Sadiq Khan, has announced that Hucknall Town Centre will benefit from a £12m investment in infrastructure improvements. The proposals include the construction of a new relief road, which will take thousands of vehicles a day away from the High Street. This will enable the pedestrianisation of the busiest stretch of Hucknall’s High Street, providing a safe and attractive environment for pedestrians and cyclists. A new bus-only link, which will connect the High Street and the new relief road, will serve as Hucknall’s main bus interchange with improved waiting facilities for bus users. The plans, which have initial Government approval, will cut travel times for motorists in the town centre, said Mr. Khan.
The balance of the funding will come from Nottinghamshire County Council and the private sector.Associated Link :

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   11/12/2009

Subject: Major American Firms Stalk UK Consultancies

Description: Top QS Firms Named

It is believed that American mega consultancies are hunting for British companies to take over. It is thought that Davis Langdon, Turner & Townsend and EC Harris may be amongst those in their sights. Aecom, CH2MHill and Jacobs have all been in the UK in meetings.Associated Link :

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   11/12/2009

Subject: RICS May have CIC Rethink

Description: Planned Withdrawal Opposed y Major Firms

The RICS may have to reconsider its plans to withdraw from the Construction Industry Council after some of the major QS firms threatened to leave the organisation and set up their own. The new government construction adviser, Paul Morrell, has also spoken out against the withdrawal.Associated Link :

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   9/12/2009

Subject: Infrastructure UK to Oversee Funding

Description: New Agency will Prioritise Infrastructure Funding for Next 50 Years

The Chancellor, Alastair Darling has announced the establishment of a new agency, Infrastructure UK, which will replace he Infrastructure Finance Unit, the Treasury’s PPP policy team, and parts of Partnerships UK. The task of the new agency will be to identify new revenue streams for major infrastructure, and manage the government’s money earmarked for the 2020 European Fund for Energy, Climate Change and Infrastructure, and how low carbon electricity and High Speed 2 could be funded.Associated Link :

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   8/12/2009

Subject: UK to Join First Offshore Wind Grid

Description: Nine Countries Sign up to Development

Nine countries, including the UK, have signed up to develop an integrated offshore grid in the North and Irish Seas. £5M of new grants have been awarded for offshore wind technology research and a Renewable Energy Expert Chair has been appointed by the government. A grid spanning European waters should make electricity supplies more secure for the participating countries by making it easier to optimise offshore wind electricity production , and will also help the EU to meet its renewable energy target for 2020.
The Government is to give Danish energy company Vestas £1.75 million and a further £1.75 and the South East England Development Agency will give £1.75m in addition to £6 million already awarded. Vestas say that they will now proceed with their R&D facility on the Isle of Wight. Vestas currently employ 160 on the Isle of Wight. By the time they open the technology centre in 2011 they expect this to grow to over 200 and then to nearly 400 over the following years.Associated Link :

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   4/12/2009

Subject: Government Figures Say Ecession is Over

Description: ONS Statistics Show a 2% Rise

Preliminary figures from the Office of National Statistics reveal that construction output rose in the third quarter of 2009 by 2% compared with the sedonc quarter of 2009, with a quarter on quarter growth in output indicating the end of recession.
Going into recession is technically defined as two negative consecutive quarters of growth, whilst the end of a recession is taken to be the first growth quarter-on-quarter. Despite this glimmer of hope, however, But the figures still show the industry’s output of £25 billion last quarter is 9 per cent down on the third quarter of 2008’s figure of £27.3 billion.Associated Link :

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   27/11/2009

Subject: “Secret Communication” Tainted Single Joint Expert’s Report

Description: Judge Permits Party its Own Expert

Mr. Edwards was the owner of a listed building in Liverpool. In 2004, he engaged the claimants to manufacture and install three replacement wrought iron balconies and balustrades. There were disputes over the quality of the claimants’ work, and the parties agreed to refer the matter to an expert architect, Mr. Brotherhood.
In his first report, Mr. Brotherhood was of the opinion that the casting was satisfactory and was prepared to visit the site to inspect the standard of work. If he found that that had also been completed to a good standard, he was prepared to certify the works had been completed satisfactorily, and that they were an improvement on the old balustrading.
Despite the content of the report, there remained an outstanding issue about the sums due to the claimants commenced an action in the County Court to recover £13,729.36 which they alleged were due. Mr. Edwards counterclaimed for a refund of £7,000. Both parties sought to rely upon Mr. Brotherhood’s report.
The matter was transferred to the Liverpool County Court. By that time, the claimants’ claim was in the region of £15,000, whilst its costs were about £60,000. Judge Mackay ordered that Mr. Brotherhood would be the single joint expert in the case, to which both parties agreed.
Mr. Brotherhood produced his second report nearly a year later. This proved to be something of a shock to the claimants because it now said that the claimants’ materials and workmanship were not acceptable. Some time later, the claimants learned that Mr. Edward’s solicitors had been in touch with Mr. Brotherhood in the interval between the production of the two reports, although the nature of this was not revealed either to the claimants nor the court. Although requested, copies of the correspondence were not provided.
The claimants obtained a report from a second expert, a Mr. Potter, and sought the court’s permission to rely upon it. The claimants feared that the contact between Mr. Edwards and Mr. Brotherhoodhad had biased the expert against them. Judge Mackay found the situation to be very unsatisfactory. If the claimants were not permitted their own expert, then given that Mr. Brotherhood had changed his report after intervention by Mr. Edwards’ solicitors, the claimants would be faced with the possibility of trying to argue points which were not in their favour because the expert evidence was against them. Although he was reluctant to permit the claimants their own expert, because of the overall justice to the parties, he allowed the claimants their application.
Mr. Edwards sought leave to appeal against this decision. The court reviewed the law appertaining to single joint experts and the effect of “secret dealings” by one of the parties. The real issue was whether the judge had been wrong to allow the claimants to rely upon fresh expert evidence at such a late stage, despite the wide discretion permitted him on case management decisions. That depended upon the effect of the secret communications between to Mr. Brotherhood and Mr. Edwards. Because of the limited information available, and applying the principles in Peet v Mid Kent Health Care NHS Trust, [2002] All ER 688, Judge Mackay had been obliged to conclude that because of the secret communications, the usual position of the single joint expert was untenable. The existence of these communications jeopardised the independence of Mr. Brotherhood’s second report. The claimants were entitled to adduce their own evidence because preventing them from doing so would result in an injustice.
Copyright: BLISS Books Ltd. 2009 Associated Link :

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   23/11/2009

Subject: Olympics On Time and Within Budget, says ODA Report

Description: Quarterly Economic Report Shows Small Increase in Cost

The latest “2012 Olympic and Paralympic Games Quarterly Economic Report from the Olympic Delivery Authority says that whilst there is an increase of £7m in the anticipated final cost, no contingency will have to be released to cover it. The ODA expects the increase to be covered by savings in other parts of the building programme. The contingency of £1,27bn remains largely untouched, and progress remains good, says the ODA.Associated Link :

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   23/11/2009

Subject: Planning Consent Granted for £28m Bradford Redevelopment

Description: £28m Passenger Terminal Approved

The planned £28m new passenger terminal at Bradford Airport has won planning approval, Architects Pascall+Watson will now set about designing the two storey extension to the existing terminal. There will be a new departure lounge and improvements to the security and baggage handling facility.Associated Link :

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   23/11/2009

Subject: QS Construction Adviser Appointment

Description: Paul Morrell Expected to be Appointed

“Building” Magazine is reporting that Paul Morrell, a former senior partner in Davis Langdon, is to be confirmed as the government’s construction adviser. Mr. Morrell is said to have beaten off a “strong field” of candidates. He is currently an independent consultant and non-executive director of DEGW. One of his first tasks will be will be to chair a review of construction’s role in a low carbon economyAssociated Link :

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   20/11/2009

Subject: RICS Threatens to Leave the CIC

Description: Cost-cutting Move

It has been reported that the RICS is considering leaving the Construction Industry Council. The RIS is a founder member of the CIC and would be the first professional institution to leave it. The RICS has informed the CIC that it is considering withdrawing from a number of international and national bodies in order to save money. There have already been some redundancies within the organisation.
There are also internal problems within the organisation over proposals to reorganise the regional boards so they are made up of RICS staff instead of elected members. Associated Link :

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   16/11/2009

Subject: New Construction Act Published

Description: Adjudication and Building Contract Changes

The Local Democracy, Economic Development and Construction Act 2009 has now been published, Part 8 of the Act replaces the building contract and adjudication provisions of the Housing Grants Construction and Regeneration Act 1996. A free copy of the Act may be downloaded from http://www.blissbooks.co.uk.Associated Link :

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   13/11/2009

Subject: New Construction Act Receives Royal Assent

Description: Changes to Adjudication and Building Contracts

The Local Democracy, Economic Development and Construction Act 2009 has received Royal Assent. The Act will replace the Housing Grants Construction and Regeneration Act 1996.Associated Link :

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   11/11/2009

Subject: Engineers Liable for Damages ffor Remedial Works

Description: House "Unfit for Human Habitation"

In a previous judgement, the Technology and Construction Court found that the second defendant, RMA, a firm of structural engineers, were in breach of section 1 of the Defective Premises Act 1972. The claimants were awarded damages of £218,616.91. RMA had been engaged by Huntsbuild to undertake site investigations and advise on the design of the foundations of a house which Huntsbuild were building for the claimants. There was no dispute that RMA owed the claimants a duty of care. The claimants noticed cracking in the house in 2002, and the cause was eventually traced to the badly designed foundations.

RMA appealed, denying that there had been any breach of duty, and that, contrary to the claimants’ argument, the house had been fit for human habitation. RMA’s case was that whilst the claimants were entitled to have the defects remedied, the house was habitable.

On appeal, RMA argued that the judge had applied the wrong test, and taken into account irrelevant considerations. In particular, the judge had taken into account the fact that the remedial works would take 12 months, forcing the claimants to leave the house. RMA also argued that the judge had concluded that the house was unfit for human habitation without considering or explaining how each of the items of damage made it so. The third ground of appeal was the submission that the judge had applied the wrong measure of damages because he had taken the cost of RMA’s failure to carry out the work in a professional and workmanlike manner- i.e. the cost of repairing all the damage caused by the ground heave- when the correct measure of damages should have been the cost of making the house fit for human habitation. Finally, RMA maintained that the judge’s finding that the defective foundations made the house unfit for human habitation had been made without any proper basis in fact.

Whilst each case turned on its own facts, having to vacate a house for a long period for remedial work to be undertaken was a significant factor, and highly relevant to determining whether or not the house was fit for human habitation. The defect complained of was fundamental to the stability of the building, and not just cosmetic. The court did comment on the judge’s use of the phrase “unfit for purpose” as perhaps confusing the issue, as “unfit for purpose” did not really clarify “unfit for habitation”.

Contrary to RMA’s argument, the judge had not been obliged to consider each defect individually and whether it made the house unfit for habitation. Some cracks were more serious than others, but all the defects had been caused by the ground heave and inadequate foundations. Given this, the judge had been entitled to conclude that the cost of remedying the defects was a foreseeable consequence of a breach of section 1 of the Defective Premises Act. The contention that the judge’s findings had no basis in fact was rejected.

(Bole and de Haak v Huntsbuild and Richard Money (t/a Richard Money Associates); 20 October 2009)
Copyright: BLISS Books Ltd. 2009.Associated Link :

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   10/11/2009

Subject: Banks to Provide £1.4bn in Wind Farm Loans

Description: EIB to Provide New Finance

The European Investment Bank (EIB) is to provide up to £700 million of the new finance for wind farm projects of between £20m and £100m with the remainder matched by RBS, Lloyds Banking Group and BNP Paribas Fortis. The eligibility criteria are designed to ensure that the projects have an acceptable environmental impact and are located in commercially viable locations in terms of wind resource. The UK Government has welcomed the EIB’s commitment to the funding for renewable projects. Associated Link :

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   9/11/2009

Subject: New Planning Framework for Port Development

Description: New National Policy Statement Sets Out Additional Port Requirements

The new NPS - which is subject to public consultation - sets out the broad need for additional ports capacity up to 2030 and beyond, taking such things as freight demand forecasts and the economic benefits of ports into account. The document builds on existing Government policy, which is that the need for ports capacity can best be met with an efficient and competitive industry working in a free-market environment. This new document also includes wider Government objectives for sustainable development, covering issues such as climate change considerations and the wider environmental impact of port development.Associated Link :

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   9/11/2009

Subject: Nuclear Power Station Sites Announced

Description: Locations of Government Pre-Approved Sites Released

The Energy Secretary, Ed Milliband, has announced the three pre-approved sites for the construction of nuclear power stations. These are: Kingsnorth in Essex, Druridge Bay in the North East and Owston Bay near Hull. Mr. Milliband has also published draft National Policy Statements which are designed to prevent planning delays for large energy projects. Associated Link :

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   6/11/2009

Subject: BLISS Books Relaunches Construction Law Service

Description: Bulletin and Research Services Will be Available

BLISS Books, the construction industry bookseller and document provider, has announced that it has taken over the construction law service and has re-launched the Building Law Information Subscriber Service weekly bulletin which is a digest of case law and industry articles from construction trade journals and courts in the UK and overseas, The service has been used by legal and construction professionals since its initial launch in 1988, and has established itself at the forefront of cost-effective construction law provision. QSI members can obtain a sample issue of the bulletin by e-mailing orders@blissbooks.co.uk Members are also entitled to a discount on current subscription rates.Associated Link :

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   6/11/2009

Subject: Latest Fees Bureau Survey Shows QSs Suffering Most

Description: Falls in the Hourly Rate of Between 10% and 17%

The latest fees survey’ from the Fees Bureau the average hourly rate for a sole principal in a QS firm fell by 17% between 2008 and 2009 and by 10% for an associate. Quantity Surveyors have fared badly compared with architects and engineersAssociated Link :

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   6/11/2009

Subject: RICS Reports Workload Optimism

Description: Construction Outlook Looks Positive at Last

Despite a further fall in construction workload in the 3rd quarter of 2009, the Royal Institution of Chartered Surveyors’ latest survey not only shows that the fall in workload is slowing, but also that there is some optimism about prospects for the next year. The survey shows that the public sector came off best with modest rises for the second consecutive quarter.Associated Link :

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   6/11/2009

Subject: RWE and E.On Complete Horizon Nuclear Joint Venture

Description: Aims to Attract £15bn of Investment

Nuclear giants, RWE and E.On have finalised their joint venture to be called Horizon Nuclear Power. The new venture plans to develop in the region of 6,000MW of new nuclear capacity by 2025, with the first reactor coming on-line in 2020.
The company has secured sites at Wylfa on Anglesey and Oldbury-on-Severn in South Gloucestershire, and technical site investigations are proceeding.Associated Link :

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   5/11/2009

Subject: New Guide to Local Authorities on Procurement

Description: Top Tips for Savings

The Local Government Association and the Improvement and Development Agency has published a members' guide on how to make savings in construction procurement. Councils spend some £16.2 billion each year on construction – far more than they spend in other areas. The guide suggests how they could save millions of pounds each year through more efficient and collaborative procurement.Associated Link :

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   4/11/2009

Subject: Allegations of Fraud to Resist Adjudication Enforcement

Description: S.G. South Ltd. v King's Head Cirencester LLP, and Corn Hall Arcade Ltd.; 29 October 2009

SG applied to enforce two adjudication decisions. The application was resisted by the defendants who argued that the final account procedure which was due to be completed would show that they were owed a net balance. Alternatively, the defendants asked for a stay on the basis that the claimants were on the verge of insolvency. The defendants also raised issues on how the court should proceed if there were arguable issues of fraud involved.

The defendant developers contracted with the claimant for the construction and conversion of two sites. The work involved the creation of a shopping arcade and a hotel. The form of contract used was the JCT Management Contract, 1998 edition. Payment was made on a prime cost basis, based on certificates issued by the defendant's contract administrator. Clause 9A of the contract was an adjudication clause. There were a number of disputes, and the defendants purported to determine the claimant's employment in May 2008.

The claimant issued two notices of adjudication. The first related to alleged non-payment of Interim Certificate no. 8. Mr. Rudd was appointed as adjudicator. He found that of £202,429.72 was due to the claimant, but the defendants failed to pay.

In the second adjudication, the claimant sought payment of Interim Certificate no. 14, and Mr. Stimpson was appointed as adjudicator. In their response, the defendants intimated that they had become of widespread fraud on the claimant's part, and question whether it was lawful for the adjudication to proceed, given the provisions of the Proceeds of Crime Act 2002. The defendants alleged that the claimant had illegally removed and disposed of steel and fixtures and fittings from the existing buildings, and that there had been amendments to some of the plant hire invoices. All these allegations were denied by the claimant. In his decision, Mr. Stimpson referred to the fraud allegations, but considered them to be outside his jurisdiction, being a matter for the police and the courts. On the basis of Mr. Rudd's decision, he found that the claimant was entitled to £859,443.70, and that because the defendants had not issued withholding notices, they were not entitled to any set-off or abatement.

On 4 August 2009, the claimant issued its final account, and in the present proceedings sought to enforce the two adjudication decisions. Resisting the enforcement, the defendants argued that they had established that they had established a strong prima facie case that the claimant and its owner, Mr. South, had behaved fraudulently in a number of respects, and also that when the final account was finalised, it would show that the claimant owed them a substantial amount.

Depending upon the facts, fraud could be a defence in adjudication proceedings in the same way as in arbitration or court proceedings. Whilst the judge did not have to decide the fraud point, he did make some observations:

Fraud or deceit could be raised as a defence, provided it was a real defence to the claims. And it must be accompanied by clear and unambiguous evidence and argument. A distinction should be drawn between fraudulent actions which could have been raised as a defence and those which became known later. It was also necessary to differentiate between fraud which had an effect on the decision and fraud which was independent of it. The judge also warned that, whilst there were cowboy builders, only rarely would it be possible to presume that there had been fraud, and he doubted that there would be many cases where decisions would not be enforced because of fraud.

There was little prospect of the final account being settled within the next few weeks, as claimed by the defendants, or even at all because of the claims of fraud which the claimant was unlikely to accept. It was likely that the claimant would challenge the determination of the contract as being unlawful. The judge considered that what the defendants considered to be fraud in connection with the invoicing was more likely to be poor accounting practice. As for the illegal removal of items from the premises, the court had not been provided with any documentation about whether the claimant had been required to preserve the debris during its demolition works. Just because the claimant had taken items off site and sold them did not mean there had been any dishonesty or even breach of contract. The judge concluded that the defendants had failed to provide any credible evidence to support their allegations of fraud, and what the claimant had been able to remove from site under the contract.

In addition, the defendants were unable to demonstrate that the adjudication decisions had been procured by fraud. The defendants had properly issued the certificates in question, and no evidence had been produced to suggest that the certificates had been procured by fraud. Both decisions were enforceable.

Turning to the question of the claimant's financial position, the company accounts did show that the claimant was strapped and that it would be unable to repay the sums awarded in the adjudications if required to do so. However, the claimant's finances were no worse than when the defendants took the risk of entering into the contracts with them, and a stay of execution was not justified.
Copyright: BLISS Books Ltd. 2009.Associated Link :

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   4/11/2009

Subject: Latest Trade Survey Results

Description: Conflicting Reports on Order Level

The latest trade survey from the Construction Products Association, (CPA), shows that construction orders are continuing to fall, despite some evidence of slow growth. The figures for the third quarter of 2009 indicate a continuing fall in enquiries and a reduction in the sales of construction products. However, this contradicts the findings of a survey from the National Specialist Contractors Council, whose members have reported a 13% increase in orders.Associated Link :

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   2/11/2009

Subject: Suspension of Contract not Always a Repudiatory Breach

Description: Will Depend on the Circumstances of the Case

Mayhaven sought to appeal questions of law arising out of arbitration award. The defendant, DAB, undertook building work for Mayhaven on the Down Housing Nursing Home under a JCT Intermediate Form of Contract, 1998 edition.

Disputes between the parties were referred to adjudication in 2006, and the adjudicator ordered Mayhaven to pay DAB certain sums. Believing that Mayhaven had failed topay, DAB suspended the works. In fact the sums awarded were paid in a subsequent valuation. Mayhaven accepted the suspension as a repudiatory breach.

DAB commenced an arbitration in 2007, and the arbitrator issued an award on 13 April 2009. In its appeal, Mayhaven raised a number of questions of law:

Held:

1. REPUDIATION

DAB accepted that there had been an improper suspension of the works due to the misunderstanding about the payment. The question was whether that suspension amounted to a repudiatory breach. The arbitrator had found that it was not.

It was evident that that the arbitrator had correctly set out the correct principle of law that a breach of a contract will be repudiatory if it goes to the root of the contract. The court rejected the submission that that a wrongful suspension of the work under clause 4.4A of the Contract, which gave rise to a failure to proceed regularly and diligently under clause 2.1, amounted to a breach of a condition or fundamental term so that every such breach amounted to a repudiation of the contract. A wrongful suspension which gave rise to a failure to proceed regularly and diligently will vary in seriousness, depending on the circumstances. The court did not accept that every wrongful suspension which lead to a breach of clause 2.1 would automatically be a repudiatory breach. Rather, whether such a suspension and a consequent breach were to amount to a repudiation depended on the breach and the facts and circumstances of the case.

The arbitrator had taken into account the fact that DAB had made a genuine mistake about the payment. Mayhaven had been aware that they had made payment, but had not informed DAB of the misunderstanding prior to the suspension. Had they done so, the suspension would have been avoided.

DAB had genuinely believed that payment had not been made and was not going to be paid. They relied on a letter from Mayhaven’s Solicitors which stated that Mayhaven “will not be making any payment to your client pursuant to the Decision”. The arbitrator had also concluded that Mayhaven and their solicitors had known that DAB had been paid before the works had been suspended. Taking into account all this, the arbitrator had been correct in deciding that DAB’s suspension had not been a repudiation.


The arbitrator had been entitled to take into account DAB’s willingness to complete the works, evidenced by their letters.

Whether a contractor’s wrongful suspension of the works amounted to a repudiatory breach would depend on the terms of the contract, the breach or breaches of contract and all the facts and circumstances of the case. The question is not capable of a simple answer, as a matter of general principle.

2. LOSS OF PROFIT

Mayhaven claimed loss of profit in respect of the loss of use of rooms at the nursing home because of a delay in the completion of the works under the contract, caused by the need to carry out remedial works. The arbitrator awarded these damages, and calculated those damages on the basis that the rooms would have been occupied by elderly physically disabled rather than young (aged 18-65) physically disabled people (“YPD”) who would have led to a higher rate of income. ,Mayhaven argued that this showed that the arbitrator had misinterpreted the principles in Hadley v Baxendale (1854) 9 Ex 341, because the loss of profits should be assessed on the basis of provision of rooms for YPD and should do so under the first limb of Hadley v Baxendale because they only need to establish that the nursing home was a profit making business in the care industry and that loss of profit was likely to result if delay occurred.

The court concluded that the arbitrator had correctly found on the facts that loss based on YPD occupancy was not recoverable under the first limb, applying the test expressed in Czarnikow v Koufos. He also found that DAB did not have knowledge about loss arising from YPD occupancy so as to bring the case within the second limb of Hadley v Baxendale.

“Loss of profits” was not to be equated to “loss of a kind” so as to make all profits recoverable. The loss of profits in the Victoria Laundry case were not a single type of loss. Some might fall within the first limb and some within the second limb. In present case the arbitrator had found that loss of profit for the use of the care home for the more lucrative YPD occupants was not recoverable under the first limb of Hadley v Baxendale and was not recoverable because of lack of actual knowledge under the second limb. There had been no error of law.

3. Mayhaven also claimed for loss of profits arising from the delay to Phase 2 caused by delay to Phase 1. This was rejected by the arbitrator as not having been established. In order to assess any damages which might be recoverable for delay to Phase 2, the arbitrator had to know when Phase 2 would commence. He was considering this in the context of the availability of finance for Phase 2. This did not, however, establish when Mayhaven might actually commence the Phase 2 work. If it were to be a long time after the completion of Phase 1, there could be no connection between the delay to Phase 1 and the commencement of Phase 2. Unless Mayhaven established a date when they would have commenced Phase 2 and showed that it was, in fact, linked to delay to Phase 1, then the court concluded that the arbitrator had been entirely justified in saying that Mayhaven had not established loss of profits on Phase 2.

4. DEFECTIVE FOUNDATIONS

It was alleged that DAB had not constructed the foundations in accordance with the engineers’ drawings. The arbitrator had found that DAB were not liable, because they had constructed the foundations before the issue of the drawings. However, the arbitrator had also concluded that DAB were not liable because the Contract Administrator had impliedly approved the work.

The court found that a contractor who is in breach of contract in carrying out defective works is not to be relieved of liability for those defective works by any implied approval derived from the Contract Administrator’s failure to draw the contractor’s attention to defective works which should have been apparent when the Contract Administrator attended the site. Under the terms of the JCT Intermediate Form of Contract 1998 Edition, a Contractor is not excused from compliance with his contractual obligation to carry out the works in accordance with the contract drawings by reason of the Contract Administrator’s failure to require the contractor to remedy defective works. The court remitted this aspect of the award to the arbitrator.

Copyright: BLISS Books Ltd. 2009.Associated Link :

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   28/10/2009

Subject: Atkins Warns of Future Reduction in Water Capacity

Description: Consultant Forced to Cut 100Jobs Because of Downturn

Consulting engineers, Atkins, has said that the capacity of the water industry may be reduced because of the five-year cycle of stop and start. The present dip in the AMP cycle has coincided with the current recession, and Atkins fears that the combination will lead to an inability to innovate, invest in infrastructure and maintain skills. Atkins is having to shed 100 jobs, and is not the only company being force to do so.
The Association for Consultancy and Engineering is urging the government to intervene and review the current funding methods for the industry.Associated Link :

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   28/10/2009

Subject: QS Framework Advertised

Description: LIFT Framework

Community Health Partnerships in London is advertising a quantity surveyors LIFT framework for contracts between £750,000 and £3m. The framework providers selected onto the quantity surveying services framework will also be eligible to provide services in connection with the selection of a private sector partner from the Express LIFT framework.Associated Link :

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   26/10/2009

Subject: New Adjudication Case on the Identity of the Contracting Parties

Description: Estor Ltd. v Multifit (UK) Ltd.; 23 October 2009

Estor Ltd. ("Estor") was the holding company for what has been called the Ginger Group, a group of companies which operate hair dressing and beauty treatment salons. The salons were actually called “Ginger Group”. Mr. Keith Warner (“Mr. Warner”) effectively owned and ran Estor and the other Ginger companies. Mr. Warner set up a further company, Ginger Westfield Ltd., for the purpose of setting up a shop in the Westfield White City complex.

Hub Design was engaged to undertake the fitting out works, and subcontracted a substantial part of the works to the defendant, Multifit. The contract with Hub was signed by Mr. Warner "of the Ginger Group" and the front page of the contract identified "The Ginger Group" in effect as the employer. However, Mr. Warner lost faith with Hub, and Messrs. Khan and Singh of Multifit indicated that they would be prepared to continue with the works. Multifit provided Mr. Warner with a quotation which was accepted by him in an e-mail. There was no indication, however, of which company was accepting the Multifit quotation. Multifit was not provided with a copy of the contract with Hub.
Ultimately, there were disputes about payments, and Multifit instructed a debt collection agency to recover sums using a standard letter addressed to "Keith Warner The Ginger Group”. Mr. Warner responded by e-mail “for and on behalf of Ginger Group Westfield” that there were certain snagging items and defects.

On 12 May 2009, Multifit issued a Notice of Adjudication, claiming £37,624.05. The issues before the adjudicator, Mr. Slegg, included the identity of the contracting parties, and whether the contract was in writing for the purposes of the Housing Grants Construction and Regeneration Act 1996. The adjudicator decided that Mr. Slegg decided that the contract was between Multifit and Estor, evidenced by emails of 20 and 23 October 2009, Multifit's quotation of 23 September 2008, the credit reference form signed by Mr. Warner and Multifit's Terms and Conditions referred to in that form. Further, he found that there has been no novation of the contract from Hub to Multifit. Estor was ordered to pay Multifit £37,624.05, plus fees and expenses.

Estor did not pay the sums awarded, but commenced its own adjudication proceedings, arguing that there was no contract in writing for the purposes of s.107 of the Housing Grants, Construction and Regeneration Act 1996.

Held:

1. The court was satisfied that Multifit had never been aware which company had contracted with Hub, and had not had a copy of the Hub contract until the commencement of the adjudication. Further, Mr. Warner had never made it clear to Multifit, either orally or in writing, that he wanted it to enter into a contract with Ginger Westfield. Whilst Ginger Westfield had been legally established, it had no operative bank account until October/ November 2008, and obviously had no funds of its own.

2. The Hub contract itself was not clear that Ginger Westfield would be the other contracting party. Mr. Warner only identified himself as being “Keith Warner of The Ginger Group” which was entering into that contract.
3. Estor made all the payments to Multifit, and all but one payment to Hub. When Mr. Warner received the letter from the debt collection agency, which was addressed to him and the Ginger Group Ltd. (GGL), he did nothing to suggest that the contract had been with Ginger Westfield rather than GGL or the Ginger Group.

4. It was common ground that Multifit’s e-mail quotation was an offer, and Mr. Warner’s e-mail of 23 October 2008 was the acceptance. Mr. Warner had signed the Credit Reference Form supplied by Multifit, which contained information about Estor. This form had been required for Multifit’s ISO 9000 accreditation. No other company had been mentioned as a potential employer under the contract. The fact that the first direct payment was made by Estor pointed unequivocally to Estor being mutually intended as the employing party.


Copyright: BLISS Books Ltd. 2009.Associated Link :

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   16/10/2009

Subject: £200m Stockton Biomass Project Gets Go-ahead

Description: Gala and Aker Solutions to Build Plant

Stockton Borough Council has given planning permission for the construction of a £200m biomass plant, which will convert wood chippings to enough energy for 80,000 homes. The plant is to be built by Gala Power, with Aker Solutions, and is expected to be operational by 2012. Associated Link :

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   13/10/2009

Subject: Brunel University Advertises for QS Services

Description: Esimated Value between £250,000 and £1m

Brunel University has issued an notice in the Official Journal for a quantity surveying and cost management consultancy services framework across its property estate. The call off contract will be used for the university’s 10-year capital expenditure plan. Associated Link :

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   13/10/2009

Subject: Dong Withdraws from Power Station Joint Venture

Description: Peel Energy to Go it Alone with Hunterston Project

Denmark’s Dong Energy has withdrawn from a joint venture with Peel Holdings for the construction of a coal powered power station at Hunterston on the Clyde. The power station was one of 14 that Scotland’s “national planning framework” was to designate as being in the national interest. In addition to the coal, the Hunterston plant would have used some “biomass” material like wood. Dong’s decision has been based on financial considerations as the price and amount of energy sold is falling. Peel Energy, however, has said that it will continue with the project.Associated Link :

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   7/10/2009

Subject: OJEU Contract Notice for Quantity Surveying Services

Description: Housing Private Finance Initiative Project

Stoke on Trent City Council (the council) is seeking to appoint a technical advisor to support the development and procurement of a Public Private Partnership (PPP) as part of 6th Round of the Housing Private Finance Initiative (PFI). This is targeted at estate renewal and transformation. An invitation has been received from the Homes and Community Agency to proceed to the next stage and develop an Outline Business Case (OBC) based on our Expression of Interest. This identified development sites located across six of the City Council's priority estates. The project is now to be progressed to Outline Business Case (submission currently no later than July 2010) and subsequently to the procurement period and mobilisation of the investment programme delivery up to the start of operational services, expected to be mid 2013. We require a technical advisor to provide advice through the above stages and become a member of the operational team reporting to the Project Manager.Associated Link :

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   6/10/2009

Subject: Balfour Beatty Named as Preferred Bidder on BSF

Description: Construction and Facillities Management Services

Balfour Beatty has been appointed preferred bidder for the £450 million Blackburn with Darwen and Bolton Councils BSF programme.The contractor will invest equity of £3.3 million into the delivery of the first school, Pleckgate High School, with the potential for a total of up to £20 million equity investment in the programme in total. The 25-year concesion involves a major capital investment programme.Associated Link :

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   6/10/2009

Subject: Mouchel Posts Multimillion Pound Loss

Description: Increase in Turnover

Despite an 13% increase in turnover, Mouchel has posted a loss of £13.5m to July 2009, and has announced that it is withdrawing from the UK rail sector. The losses are being blamed on losing out on a Network Rail framework, and a £15m impairment charge in its Middle East business against fees which were not paid.Associated Link :

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   4/10/2009

Subject: NEW STUDENT WEBSITE

Description: NEW STUDENT WEBSITE

Employers to benefit from new student website. THOUSANDS of students across the UK and Ireland are being given the chance to sign up to a ground-breaking new social networking service that could radically change university and college life. Studentnoticeboard.com offers students the chance to find jobs, cheap books, and affordable accommodation, all at the touch of a button. The site offers a huge range of services including an on-line book exchange, accommodation, pub/club and business listings, and even a social networking service that could rival the likes of Facebook and Bebo. Studentnoticeboard.com is free to join for every student in the country, and will offer extensive in depth information for students in each individual institution. Martin Ramsden, who designed the site, said: “We’ve tried to cover every aspect of student life, making it as cheap and easy as possible” “This is a great chance for students at different universities and colleges to network across the country which should make life a little easier, whether it be by swapping books, sharing accommodation or even finding exclusive offers and discounts, the site can benefit everyone.” The site also plans to offer benefits to thousands of employers thanks to an innovative CV and portfolio service, allowing students to display their best work on-line, and giving companies the chance to hand pick the countries brightest prospects. Martin added: “Studentnoticeboard.com plans to give employers looking to take on students, either on a part-time basis in term time or as a career after graduation, the chance to look at thousands of resumes and portfolios of work. “It means companies can hand pick their candidates, in a cost effective manner. “The site also gives businesses such as bars, pubs, clubs, restaurants and shops the chance to tap into the lucrative student trade, by promoting events, special offers and sales on-line.” This means even smaller, local businesses can benefit from the site. They are given the chance to advertise job vacancies for free, giving them a cheap and easy way to find enthusiastic students looking for work, as well as an effective avenue to the student market. Private landlords can also list vacant properties for free, saving charges for students and landlords on middle men. For more information go to www.studentnoticeboard.com today Associated Link :

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   30/9/2009

Subject: Plans for £300m Thames Flood Defence Scheme

Description: Three New Flood Diversion Channels to be Built

The Environment Agency has revealed plans for a £300m Thames Flood Defence scheme which will include flood diversion channels, weir improvements and river widening to protect homes and businesses in west London. There are also proposals to improve the capacity of weirs at Sunbury, Molesey and Teddington, and widening Desborough Cut, near Walton-on-Thames. The plans have been put out to public consultation until 4 December.Associated Link :

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   29/9/2009

Subject: New Multimillion-Pound transport scheme for Yorkshire

Description: Tram-Trains will Head Straight into the Heart of Sheffield & Rotherham

A new tram-train project is to be trialled in South Yorkshire, and could be running within 3 years. The project will include linking tram and train tracks at Tinsley; electrifying the 5.5-mile rail line between Tinsley and Parkgate; building the new Parkgate station, and constructing low extensions to platforms at Rotherham Central. The scheme will be funded by money already earmarked for the development of transport in our region. Originally, ministers had planned to invest £25m in the Penistone rail line between Sheffield and Huddersfield, but that scheme has been shelved due to difficulties locating suitable diesel trams for the non-electrified track.Associated Link :

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   29/9/2009

Subject: Tube Lines to Pay Out £10m Per Month for Delays

Description: Final Bill May Be £30m-£40m

Tube Lines has confirmed that it will be paying £10m after December 31 in respect of overruns to the resignalling contract on the Jubilee Line. Whilst no official completion date has been set, Tube Lines could be facing a bill of between £30m and £40m. This was revealed at a debate on London’s transport at the Labour Party conference in Brighton.Associated Link :

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   28/9/2009

Subject: Scottish Government Announces Schools on Building Programme

Description: 14 Secondary Schools to Get £1.25bn Investment

The Scottish Government has announced which secondary schools are to benefit from a £1.25bn building programme to repair crumbling schools and provide top class accommodation. The government and COSLA will now drive forward the process of agreeing the first set of primary schools to benefit from investment, with an announcement expected before the end of the year. Every local authority local authority area across Scotland is expected to benefit from the first phases of the school building programme which sees £800 million of funding from the Scottish Government and £450 million from local councils.Associated Link :

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   25/9/2009

Subject: Biggest-ever PFI Scheme Approved

Description: Defence Training Review Contract Will Go Ahead

Vale of Glamorgan Council has finally approved plans for a £13bn military training academy in south Wales, and building work is expected to start at the former air base in St. Athan late next year. The scheme will be funded under the biggest-ever PFI deal. The proposed Defence Technical College (DTC) will provide specialist non-combat training for all three services on a 1,000-acre site, with up to 3,000 students present at a time. The Metrix Consortium, which is led by Qinetiq, the Ministry of Defence’s former research agency, was named as preferred bidder for the contract in 2007.Associated Link :

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   25/9/2009

Subject: Interserve Awarded £20m Sellafield Contract

Description: Modular Evaporator Contract

Interserve has announced in a press release that it has been awarded a £20m Nuclear Module Construction Contract by Costain Oil & Gas Process at Sellafield. The contract is for the construction of 14 modules, which, when put together will form a large evaporator plant, known as Evaporator D. This will be the largest contract in the UK to use the modular technique. The modules will be built at Ellesmere Port and transported to Sellafield by sea and installed into concrete cells. The largest of the modules will weigh about 500 tonnes.Associated Link :

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   22/9/2009

Subject: Iberdrola, GDF Suez, and SSE Express Consortium Interested in UK NDA Sellafield Site

Description: Consortium Wants to Build UK Reactors by 2020

A consortium of Iberdrola SA, GDF Suez and Scottish and Southern Energy PLC has filed an expression of interest in buying land suitable for new nuclear power plants adjacent to the nuclear site at Sellafield. Earlier this year, the consortium withdrew from the U.K. Nuclear Decommissioning Authority's online auction for three plots of land suitable for new nuclear, but said then it was still interested in other opportunities. In April, GDF Suez said that it intended to work with its partners to build one or two nuclear power reactors in the U.K. by 2020.Associated Link :

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   22/9/2009

Subject: Dublin Mega Scheme Receives Planning Permission

Description: Boost to Construction Industry

Development company Treasury Holdings has confirmed it has received planning permission for the massive scheme in Ballymun town centre on the north side of Dublin. The Spring Cross project will include 360 apartments, 60,000 squared metres of shops, 35,000 squared metres of offices and 11,000 squared metres of other buildings including cinemas, bowling alleys, a public library and restaurants. Developers have pledged that the three-year construction phase will generate 2,000 jobs while a further 8,500 people will secure employment after completion.Associated Link :

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   22/9/2009

Subject: OFT Fines 103 Firms £130m

Description: Companies Found Guilty of Collusion on Tenders

The Office of Fair Trading has fined 103 contractors £130 for anti-competitive bid rigging on 199 tenders from 2000 to 2006. Most of the fines are related to cover pricing where one or more tenderers obtained an artificially high price from a competitor. This distorts the tender process and squeezes out potentially cheaper bidders, and meant that the lowest bidder had no real competition. As a result, the client may have unwittingly paid a higher price.
There were also a number of instances where successful bidders paid their unsuccessful competitors compensation payments on false invoices.
The Local Government Association is calling on the contractors involved to apologise and return the money.Associated Link :

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   22/9/2009

Subject: North Yorks Energy Plant Wins £1.7m WRAP Funding

Description: Additional Money Pledged from Future Energy Yorkshire

The £20 million anaerobic digestion plant, which will convert 165,000 tonnes of food waste which would otherwise have headed to landfill sites to electricity has been given a £1.7m grant from the UK Waste and Resources Action Programme (WRAP) through its Organics Capital Grant Fund. The first phase of Selby Renewable Energy Park, to be built on the former Tate & Lyle Citric Acid Plant in Selby.Associated Link :

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   18/9/2009

Subject: Glasgow Airport Rail Link Scapped

Description: Council Accuses Scottish Parliament of being "Anti-Glasgow"

Glasgow City Council has accused the Scottish government of a “clear anti-Glasgow agenda” after the £400 million Glasgow Airport Rail Link project was axed by finance secretary John Swinney. The Council says that the link was vital to the city’s infrastructure for the 2014 Commonwealth games and the economic growth of the area. The planned link helped Glasgow secure the Games for the city.
The Scottish government has had to make a number of cuts, but this is the biggest project to be shelved. The Scottish government says the decision had been taken reluctantly.Associated Link :

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   15/9/2009

Subject: Morgan Sindall Wins Thames Gateway Sports Centre Contract

Description: £38m Contract

Morgan Sindall has been awarded the the contract to build the largest sports centre in the Thames Gateway so far. Work on the £38m contract will commence in October, and will include the construction of a 50-metre, Olympic-sized swimming pool and a sports hall capable of seating 480 people. The centre may well be used for training for the 2012 Olympics.Associated Link :

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   11/9/2009

Subject: Legal Action over New Rules of Measurement Threatened

Description: Construction Confederation Alleges Breach of Copyright

The Construction Confederation is threatening to sue the RICS over its exclusion from the New Rules of Measurement, which it also alleges breaches its copyright. The New Rules were published earlier this year and were feted as the most important recent development in quantity surveying. The Confederation is angry that it was not invited to give any input to the document, which affects contractors as it determines the way works are to be valued and measured. In addition, the Confederation will lose royalties from sales.Associated Link :

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   9/9/2009

Subject: Manchester Council to Build First Council Homes in 24 Years

Description: £3.5m Funding Approved

Manchester City Council has announced today it will be building its first d new council homes for 24 years after winning a national social housing competition. The Homes and Community Agency (HCA) has approved £3.5m of central government funding for the city council’s bid to build 32 purpose built council homes in the Higher Blackley and Charlestown wards.
Work on the bungalows, specially designed for older residents, will begin in March 2010 with a view to the first tenants being able to move in later in 2011. Manchester’s bid was the result of a design competition held by the council in June in which five firms of architects took part.
Altrincham based architects Bowker Sadler have been selected as the winners as the council says that their designs offered the best blend of accessibility and supportive features to meet the needs of older persons. The homes will meet the high environmental design standards, helping to reduce tenants’ utility bills. Associated Link :

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   8/9/2009

Subject: Galliford Try Wins Olympics Contracts

Description: Morrison Awarded Multiple Contracts

The contract is a call off for a range of services, including: the design, construction of the civil engineering, substructure, and below-ground service installations on a number of venues and facilities and locations for the London 2012 Olympic Games and Paralympic Games. No contract sum was specified.Associated Link :

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   7/9/2009

Subject: Kier Wins £600m NE Maintenance Contract

Description: Latest in Kier's Local Authority Contracts

Kier Group PLC has announced today (7 September 2009) that it has signed a contract with North Tyneside Council to repair and maintain its social housing stock and other council-owned property for an initial ten-years. The contract has a potential value of over £600 million which could increase as it is extendable for a further five years. A workforce of 500 has been transferred by to Kier from the council's existing Killingworth site at Harvey Combe Work has already commenced, and will include improvements and repairs to 16,000 council homes and council owned buildings together with reactive and planned maintenance. This latest contract joins Kier's well-established and extensive portfolio of local authority outsourcing contracts and brings the total number of public sector homes maintained by Kier to over 240,000.Associated Link :

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   2/9/2009

Subject: Vinci Poised to Buy Cegelec

Description: £910m Deal will Create European Energy Giant

France's Vinci is to buy electric engineering company Cegelec from a Qatari state-owned investment company in an all-share £910m deal designed to create a major European player in the energy services sector.
In exchang, Qatari Diar Real Estate Investment Co., a unit of sovereign fund Qatar Investment Authority, will receive 31.5 million of Vinci's shares, making the Qatari company the largest shareholder next to Vinci's employee savings fund.
Vinci says that this acquisition will enable it to expand its energy division and international penetration. Associated Link :

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   28/8/2009

Subject: Gleeds Drafted in to Check Olympic Payments

Description: CLM Paid £151m in Last Year

"Building" is reporting that Olympic Delivery Authority has called in quantity surveyors Gleeds to look into payments being made to CLM, the joint venture between CH2M Hill, Laing O’Rourke and Mace appointed to deliver the Olympics programme. CLM was paid £151m in the year to March, and the move follows press reports after the publication of the ODA's annual report in July.Associated Link :

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   25/8/2009

Subject: Government to Appoint Chief Construction Adviser

Description: Will Chair New Construction Category Board

The Government has announced that it plans to appoint a Chief Adviser to Government on Construction to equip Britain's construction industry with the skills and knowledge to become competitive in the 21st century. He/she will chair the Board responsible for securing value for money from the Government’s procurement of construction, promote innovation and sustainability in the industry, and be responsible for ensuring Government takes full account of the impacts of the regulatory regime on the construction industry.
The Chief Construction Adviser will be independent and report to BIS and HM Treasury Ministers, and will have the following roles:
Chair a new Construction Category Board, which will build on the existing Public Sector Construction Clients Forum (PSCCF), to oversee the implementation and further development of best value Government construction procurement;
Chair an enhanced sustainable construction strategy delivery board to help ensure policy regarding the industry is effectively co-ordinated;
Assess the key barriers to growth in the UK’s Low Carbon construction sector to ensure the UK industry is well placed to serve developing needs and markets;
Work with the industry, through the Strategic Forum for Construction, to deliver the industry improvement agenda, including the Construction Commitments;
Promote innovation in the sector, working closely with the Technology Strategy Board and other funding bodies;
Co-ordinate the Whitehall response to reports featuring construction. Associated Link :

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   25/8/2009

Subject: University of Salford Seeks QSs

Description: Cost Consultant Needed for Phase One Masterplan

The University of Salford has issued a tender notice for the appointment of a Consultant to provide Cost Consultant services for the development of Phase 1 of the Masterplan to the detail Required to achieve outline planning consent. In addition the service provider is to provide full cost management services through to project completion for the following projects: — A new music, media and performance building to replace the inadequate facilities provided within the Adelphi Building: circa £3,000,000. — Refurbishment of the Chapman Building to provide state of the art lecture theatre facilities that can be used as a venue for arts and cultural activities: circa £4,500,000.Associated Link :

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   25/8/2009

Subject: Amey Appointed to Thameslink Contract

Description: Renewal Work at Luton Station

Amey has been appointed to undertake the job which was included in Amey's contract in preference to the incumbent principal route contractor for the London and North East region, in order to fully integrate all aspects of the upgrade programme at Luton.
Amey has recently celebrated the award of a £4.5m contract to provide design and site supervisory services during platform extension works for the Thameslink Programme outer area stations. Associated Link :

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   14/8/2009

Subject: Call for standard code for quantity surveying

Description: No Standard CPC Codes Exist

Board of Quantity Surveyors Malaysia (BQSM) and the Institution of Surveyors Malaysia (ISM) have called for a central product classification (CPC) code for quantity surveying services. Currently, there are no standard CPC codes for quantity surveying services worldwide. This could be due to the fragmentation of the industry where in various parts of the world, a quantity surveyor is also known as "cost engineer", "construction economist" or "building surveyor".
The two associations are to lobby at the "Building the Future Together" Congress to get the ball rolling to establish standard code for quantity surveying services.Associated Link :

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   14/8/2009

Subject: Signed Credit Reference Application Could Evidence Contract

Description: Credit Application Identifies Contracting Party

In Estor Ltd. v Multifit (UK) Ltd., [2009] EWHC 2108 (TCC), there was a dispute over whether there was a contract in writing between the parties for the purposes of s.107 of the Housing, Grants, Construction and Regeneration Act 1996, and whether the claimant or another in the group of companies was the contracting party.
The adjudicator had concluded that there was a contract between the defendant and Estor, based on the fact that Mr. Warner, who effectively ran and owned Estor, had agreed that the defendant could undertake a credit check on the company, and because no explanation had been offered as to why someone should obtain a credit check on one company and then enter into a contract with another.
In the enforcement proceedings, whilst the judge ruled that Estor just had a realistic prospect of establishing that it was a not party to the contract, he also went on to say that if the agreement were with Estor, it was highly probable that it was evidenced in writing by the signed credit reference application.Associated Link :

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   14/8/2009

Subject: E.C. Harris on Recruitment Drive

Description: Part of Plans to Broaden Consultancy Base

“Building” is reporting that E.C. Harris has snatched a senior director from AMEC’s nuclear division. Steve Paxton has been appointed as head of programme management. This is just one of a number of high profile appointments being made by the company in a bid to diversify into a broader consultancy.Associated Link :

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   4/8/2009

Subject: Withholding Notices were Not Effective

Description: Content Did not Comply with the Act

In Windglass Windows Ltd. v Capital Skyline Construction and London and City Group Holdings Ltd., [2009] EWHC 2022 (TCC), the defendant resisted summary judgement, arguing that the adjudicator did not have the jurisdiction to decide on the effectiveness of the withholding notice. The court found that the purported notice did not comply with the requirements of Section 111(2) the Housing Grants Construction and Regeneration Act 1996.
There was also comment by the court on the liability of a parent company guarantor for sums awarded by an adjudicator. Associated Link :

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   4/8/2009

Subject: DEGW and Davis Langdon to Merge

Description: Merged Business Will not Compete with Other Architects

“Building” is reporting that architect DEGW is to merge with QS Davis Langdon. . However, Davis Langdon says that the new business will not compete with other architectural practices, but that the merger was intended to bolster its consulting business. DEGW specialises in the design of office environments, ad will continue to trade under its own brand. Associated Link :

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   22/7/2009

Subject: Court Rules on Whether Adjudication Dispute "Substantially the Same"

Description: Barr Ltd. v Klin Investments Ltd., [2009] CSOH 104

The pursuers sought to enforce an adjudication award made in their favour for £375,000. The defenders maintained that the adjudicator, Mr. Ian Strathdee, had lacked jurisdiction, that his decision had been biased and/ or that he had failed to comply with the rules of natural justice by failing to inform the defenders of his findings of fact prior to issuing his decision.
The Court of Session considered these issues and also whether the dispute referred was substantially the same as those decided in two previous adjudications. Associated Link :

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   22/7/2009

Subject: Bovis Lend Lease Wins £1bn Elephant and Castle Deal

Description: Agreement Allows Site Clerarance Work to Continue

The £1.5billion transformation of Elephant and Castle in south London moved a step closer as Southwark Council agreed to enter into a new exclusivity deal with preferred development partner Lend Lease Europe. An original exclusivity arrangement ended on 1 July and Lend Lease has now set out a revised proposal including a new timetable for completing binding Heads of Terms and the Regeneration Agreement. In order for the council and Lend Lease to jointly commit to this, the exclusivity agreement enables the council and Lend Lease to conduct commercial negotiations with confidence that no other developer is being considered by Southwark. The agreement will also allow further work to continue on the ground including vital site clearance work on the Heygate estateAssociated Link :

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   17/7/2009

Subject: Quantity Surveyors Seeking Legal Qualifications

Description: Natural Progression from Dispute Resolution

"Building" is reporting on the increasing numbers of quantity surveyors who are also seeking to become legally qualified. This is an almost natural progression for those who find themselves involved in dispute resolution. The article explores the benefits of becoming legally qualified and the ways of achieving legally qualified status.Associated Link :

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   14/7/2009

Subject: Morgan Sindall Wins £71m Airbus Factory Contract

Description: Project Will Diversify Company's Portfolio says CEO

Construction company Morgan Sindall PLC announced today it has been awarded a £71 million contract to build a wing assembly factory for Airbus in Broughton, Wales. The 52,300-square-metre facility, which is expected to be completed by October, 2010, will assemble carbon fibre wings and will be built by Morgan Ashurst, the construction division of Morgan Sindall. Morgan professional services will provide engineering and concept design for the construction. Associated Link :

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   13/7/2009

Subject: Siemens Signs Solar Energy Pact

Description: Desert Sunshine Will Power Europe

On Monday, Siemens AG's (SI) unit Siemens Energy signed a Memorandum of Understanding for the Desertec initiative to provide sustainable power to Europe, the Middle East and North Africa. Environmentally friendly power generated at solar thermal power plants in the Sahara and wind farms in North Africa is to be transported to the load centres where the power is needed. The Desertec initiative aims to meet 15% to 20% of the European power demand using solar- and wind-based electricity by 2050.Associated Link :

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   10/7/2009

Subject: Contracts in Writing and Acceptance by Silence

Description: Aceramais Holdings Ltd. v Hadleigh Partnerships Ltd.

The dispute concerned the development of a site in Cheltenham. Work commenced in 2007, but by 10 March 2009, there were problems which resulted in the defendant, HPL, serving the claimant with an adjudication notice. The claimant wrote to the adjudicator, stating that there was no contract in writing within the meaning of section 107 of the Housing, Grants, Construction and Regeneration Act 1996, and, hence, that the adjudicator had no jurisdiction. On 16 March 2009, the claimant issued proceedings seeking a without notice injunction preventing the adjudication from proceeding. Despite this, the adjudicator went ahead, but the claimant took no part in the adjudication proceedings. The adjudicator decided that the claimant owed HPL approximately £800,000, but this remained unpaid.

After consideration of the evidence, the court concluded that the parties had contracted on the basis of the JCT Design and Build Contract because. Mr. MacPherson had the authority to bind the claimant to the contract. He was chased persistently by HPL, RBS and Bond Davidson, quantity surveyors, were engaged by RBS to monitor the project to sign the contract. He raised no queries in respect of the contract nor did he deny its relevance or validity, even though he did not sign or return it. Mrs. Scott, the claimant's solicitor, also raised no queries about the document or and did not challenge its validity. The formality of the arrangement required by RBS and Bond Davidson, and adopted by Mr. Grant, had been tacitly accepted by Mr. MacPherson.

HPL considered that they had contracted with HPL on the JCT form. Although the identity of the contracting party had changed, the project had continued. There was no suggestion that Mr. MacPherson had wanted to deal with the formalities or contractual arrangements differently than as it had been between the claimant and CTF. The claimant had been aware that HPL maintained that the JCT contract was in place, and did not deny its existence or that it was on the JCT form.

An e-mail from Mrs. Scott concerning a collateral warranty had even stated "… HPL is the developer and party to the JCT …"

The JCT contract of March 2008 set out the terms which the parties had agreed. Although the claimant had not signed it, the document clearly fell within the provisions of sections 107(2)(a) and (c), and was within the guidance given in RJT Consulting Engineers Ltd. v DM Engineering (NI) Ltd., [2002] BLR 217.

The judge rejected the argument that this was just an agreement in principle.Associated Link :

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   6/7/2009

Subject: Court Rules on Pay-When-Paid Clause

Description: William Hare Ltd. v Shepherd Construction Ltd.

Clause 32 of the parties' contract was a pay-when-paid clause which stipulated when the employer should be deemed to be insolvent. Trinity Walk Wakefield Ltd. went into self-certified administration, a situation not covered by clause 32 because it had not been amended to reflect changes to the Insolvency Act 1986 five years previously. The court found that Shepherd could not rely upon withholding notices in the circumstances and that the clause amounted to a pay-when-paid clause.
In addition, the clause was a pay-when-paid clause, outlawed by the Construction Act, and there was no reason why Hare should bear the risk of the employer's insolvency, with whom it had no contract.Associated Link :

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   3/7/2009

Subject: Scottish Government Plans Major Council House Building Programme

Description: £26m Investment

More than 1,343 new council homes will be built in Scotland this year backed by £26 million from the Scottish Government.
Seventeen councils across Scotland will share the money to kick-start a new generation of council houses for rent as part of the largest council house building programme for 30 years and is expected to support 3,000 jobs.Associated Link :

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   1/7/2009

Subject: New Note of Amendment to the Construction Bill

Description: Potential Amendment to the Insolvency Provisions

A Notice of Amendment to the Local Democracy, Economic Development and Construction Bill has been posted. The amendment will insert a new clause 113A, and will require a party to a contract to provide security for payment if the other contracting party requests it to do so. If the security is not provided, the requester will be entitled to suspend its obligations under the contract. the right to suspend the works ceases once the security has been provided. Associated Link :

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   1/7/2009

Subject: Baqus Buys Nigel Rose Group

Description: Price Dependent on Assets

Building consultancy and quantity surveyor, the Baqus Group Plc has acquired the Nigel Rose Group, which operates from four offices including Warrington. The cash price it is paying for Nigel Rose LLP and Nigel Rose Management Ltd will depend on the group’s adjusted net assets as at June 30, 2009. Net assets at the last year end were £158,469. The group made a profit of £246,062 before members' remuneration and profit shares on fee income of £1,275,585 in the year to December 31, 2008.
The Nigel Rose business began in 1964 as a firm of chartered quantity surveyors and covers the country from offices in London, Cheltenham, Wokingham and Warrington. The majority of its work in 2008 was in residential (30 per cent), healthcare (16 per cent), transport (11 per cent) and education (19 per cent) sectors.
It now handles acts as cost manager, procurement manager, commercial manager and project manager and delivers services such as risk management, construction, design and management co-ordination, value engineering and dispute resolution/expert witness services.Associated Link :

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   26/6/2009

Subject: Court Discusses Interpretation of s.105 of the Construction

Description: Narrow and Broad Interpretation of "Construction Operations2

The court found that the application of s.105(2)(c) was not straightforward. The judge referred to previous decisions, distilling two different approaches to the question from them, one broad and one narrow. In Palmers v ABB, [1999] BLR 426, the scope of s.105(2) was construed narrowly so that construction of buildings and concrete foundations for use with the plant would not come within the exclusion nor would any painting of the internal or external surfaces to the plant. In ABB v Norwest Holt, [2000] 77 Con LR 20. the scope of s.105(2) was construed broadly so that all the construction operations necessary to achieve the aims and purposes of the owner or of the principal contractors would be exempt. It fell to the court to resolve the difference in these approaches as each party relied on a different one.Associated Link :

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   26/6/2009

Subject: OGC Considers Setting Up Approved Contractors List

Description: Buying Solutions as a "One Stop Shop"

"Building" is reporting that Buying Solutions, the Office of Government Commerce's Executive Agency is considering setting up a list of recommended contractors to be used by any public body.
Buying Solutions is also in the throes of expanding its facilities management framework.Associated Link :

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   19/6/2009

Subject: Ajudication Fees Amendment Made to Construction Bill

Description: Parties' Joint and Several Liability for Fees

The amendment reads:
In the absence of an agreement under subsection (1) the adjudicator shall be entitled to the payment of such reasonable amount as he may determine by wayof fees and expenses reasonably incurred by him. The parties shall be jointly and severally liable for any sum which remains outstanding following the making of any determination on how the payment shall be apportioned.’. Associated Link :

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   19/6/2009

Subject: Hyder Closes Down QS Arm

Description: Company to Return to “Core” Engineering Business

Hyder Consulting is reported to have closed down its Cardiff-based quantity surveying division in April, making 22 staff redundant. Hyder bought RPA, formerly Richard Parfitt Associates, in 2007. A source says that RPA was vulnerable because it had little public sector work, and private clients, such as Tesco, were cutting fees. The news is seen as an example of the risks quantity surveyors take when joining large engineering companies.Associated Link :

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   18/6/2009

Subject: Party Liable for Costs Thrown Away

Description: Party did not Have Copy of Contract

In Bovis Homes v Kendrick Construction, [2009] EWHC 1359 (TCC), the defendant sought a stay of the proceeding under section 9 of the Arbitration Act 1996, and to refer the parties’ dispute to arbitration. Under the arbitration clause in the JCT form of contract. Whilst the claimant did not object to the grant of the stay, it sought the costs thrown away by the defendant’s late raising of the arbitration point. The defendant attempted to justify the delay in taking the arbitration point on the fact that it had no copy of the original contract.
The court allowed the application. Knowing of the existence of an arbitration clause in the contract and given its preference for using arbitration, the defendant should have raised the prospect of arbitration in its response to the filing of the particulars of claim. In addition, the response should have sought any relevant contract documents which were not in its possession. The defendant should not be prevented from raising the arbitration point late, but this was a case where it should be held liable for the claimant’s costs which would not otherwise have been incurred. The assessment of the costs thrown away would have to wait until the outcome of the arbitration.Associated Link :

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   18/6/2009

Subject: Barrow Council Approves Port Meridian Scheme

Description: Project Will Create 60 jobs

Barrow B.C. has granted planning permission for the Port Meridian scheme, which will include a gas pipeline, gas reception, conditioning and metering plant and an access road to Rampside Road Norwegian shipping company, Hoegh, is building an LNG deepwater port 35km off the coast, where a huge £400m ship will transfer gas to the pipeline connected to the onshore facility. Associated Link :

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   18/6/2009

Subject: Government Launches Company Rescue Consultation

Description: Use of Company Voluntary Arrangements (CVAs)

The Insolvency Service has published a consultation document, "Encouraging Company Rescue", which sets out proposals to reform UK corporate insolvency procedures. There are two main proposals:
Promoting the use of company voluntary arrangements (CVA) as a restructuring tool, by offering all companies the protection of a moratorium against creditor action (for a maximum of three months) while they formulate CVA proposals;
Facilitating loans to companies in administration or CVA to assist their rescue, by giving the repayment of such loans priority over existing creditors.
The consultation ends on 7 September 2009.
The consultation paper can be viewed at http://www.insolvency.gov.uk/insolvencyprofessionandlegislation/con_doc_register/compresc/compresc09.pdfAssociated Link :

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   15/6/2009

Subject: Galliford Try Wins £54m Campus 21 Contract

Description: West Kent College Redevelopment

The redevelopment will include the construction of a new performance arts building, a main reception area, a community hub and learning areas.Completion of the whole campus, which will serve the college's 2,300 full-time students and 12,000 part time students, is expected in 2011. Students and staff will start moving into the new buildings in Spring 2010Associated Link :

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   15/6/2009

Subject: Germany’s Bilfinger + Berger Wins EUR200 Million Energy Contracts

Description: Demand for Services in Energy Markets is Stable says Chairman

Bilfinger and Berger has announced today (15 June 2009) that it has won new orders from the energy industries in the Netherlands and Australia worth a total of EUR200 million. Bilfinger Berger Power Services will design, manufacture, assemble and commission the high-pressure piping system as well as the medium and low-pressure piping for two power plant units at the RWE power plant in Eemshaven, the Netherlands, which will generate a total of 1,600 megawatt. Delta has extended a maintenance contract for the Mount Piper location. The two hard coal fired power plants, with a combined output of 2,400 megawatt, make a major contribution to the supply of electricity in New South Wales.Associated Link :

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   10/6/2009

Subject: Transport Minister Announces £100 million upgrade for Blackpool to Fleetwood tramway

Description: Major Investment to Improve the Accessibility of the System

The Transport Minister, Sadiq Khan, has today (10 June 2009) announced government approval of a £100m scheme to upgrade the Blackpool to Fleetwood tram system, which will include new trams, replacement track, extra stops and a new tram depot. This will improve journey times and the accessibility of the tramway for all passengers.
The scheme upgrade will include:
* Replacing 8 km of track;
* Rebuilding tram stops ensuring they are compliant with the Disability Discrimination Act;
* Installing 14 priority signals at highway junctions to improve journey times;
* Buying a fleet of 16 Bombardier trams, which will have low floors and thus be accessible to passengers with disabilities, and shorter journey times on core services;
* Building a tram depot.
Work is to commence in June 2009 and be completed by April 2012.Associated Link :

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   8/6/2009

Subject: National Audit Office Report on the Failure of Metronet

Description: Direct Loss to The Taxpayer Of Between £170 Million and £410 Million.

National Audit Office Report on the Failure of Metronet Direct Loss to The Taxpayer Of Between £170 Million and £410 Million. A National Audit Office report has found that taxpayers have lost between £170 and £410 due to the failure of Metronet – the private infrastructure company responsible for the maintenance and upgrade of sections of the London Underground. Passengers using the Tube have also suffered because the promised improvements have not been made on time, even though Metronet did deliver £4.2 billion of maintenance and upgrades under the PPP contracts.
Metronet went into administration in July 2007, primarily due to its poor corporate governance and leadership which meant that it could not manage its shareholder-dominated supply chain. Transport for London (TfL) guaranteed 95 per cent of Metronet’s borrowing, with the Secretary of State for Transport assuring Metronet’s lenders that the Department for Transport (DfT) would not just stand by should London Underground or TfL be unable to honour this guarantee. When Metronet failed, the DfT made a £1.7 billion payment to meet the guarantee so that the running of the Underground would not be compromised.Associated Link :

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   5/6/2009

Subject: Top QSs Consider OGC Appeal

Description: Sweer and Gleeds Lose Out on £800m NHS Framework

"Building" is reporting that leading quantity surveyors, Cyril Sweett and Gleeds may appeal to the Office of Government Commerce after they failed to win a place in a £800m government framework after being shortlisted. Instead, a smaller practice, Pick Everard, joined the list of successful providers.Associated Link :

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   3/6/2009

Subject: HBG Gateley Waring Advises Barratt on West Brom Redevelopment

Description: Up to 420 Homes to be Built as Part of Regeneration

Legal firm HBJ Gateley Wareing has advised housebuilder Barratt West Midlands on the multimillion pound regeneration of the Lyng estate in West Bromwich, the latest phase of which launched last week. Up to 420 new homes will be built on the Lyng, adjacent to the town centre of West Bromwich. The area has seen a number of initiatives over the years but still remains in need of investment. Work will commence on the estate early in 2010, with 114 new homes to be built on behalf of Lyng Community Association and around 306 open market homes.The ten-year redevelopment will mean new jobs and housing opportunities for local people. Barratt is working in close partnership with Sandwell Metropolitan Borough Council and the Lyng Community Association to draw up the project.Associated Link :

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   3/6/2009

Subject: Alsop Submits £250m Planning Proposal for Mermaid Theatre Site

Description: “Unique Sculptural” Building

Alsop Architects' proposals for a £250 million hotel development next to Blackfriars Station on the banks of the River Thames have been submitted for planning. This involves the loss of the 1950s Mermaid Theatre site, which has been the subject of a heated campaign by actors and theatre groups. The new five-storey building comprises four floors of hotel accommodation above ground, reception areas on the first floor/ground floor, a conference centre with a double-height ballroom for up to 400 people, gym and spa facilities, bars and restaurants and a rooftop terrace overlooking the Thames.Associated Link :

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   27/5/2009

Subject: Hochtief/ Laing O'Rourke JV Wins £350m BSF Project

Description: Work to Commence in October

A joint venture between Hochtief and Laing O'Rourke has won the £350m Salford and Wigan Building Schools for the Future (BSF) scheme, beating Catalyst Lend Lease.
This ends lengthy selection process, as an announcement of a preferred bidder was originally expected in January last year, but was postponed several times.Associated Link :

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   14/5/2009

Subject: £324 Million Of The Olympic Budget To Be Invested In The Olympic Village

Description: Project Still on Budget

The Government and the Olympic Delivery Authority (ODA) have announced that £324 million of the Olympic budget would be invested in the Olympic Village. Whilst a private sector deal from Lend Lease and its banking consortium was on the table, as the economic climate has worsened considerably, the public sector is being required to carry an increased level of risk. Therefore, Ministers have decided that the Lend Lease deal is not in the best interests of the taxpayer since it would cost more public money in the long term. Over the medium to long term as the market improves the ODA will seek private investment for the Village on terms more favourable to the taxpayer. As the Village will be publicly owned, the public sector will receive returns from sales after the Games. All of the additional £324 million public investment being made today from contingency and savings is expected to be returned after the Games when the flats are sold.
This decision means that nearly a third of the way through the programme, just under £1.3 billion of the £2 billion of the contingency fund available to the ODA remains unspent.
It has also been confirmed that agreement has been reached in principle for a further £268 million to be invested into the Village through the pre-sale deal for affordable housing with Triathlon Homes. This funding is separate to the Olympic budget.Associated Link :

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   14/5/2009

Subject: Building Schools for the Future Minimum Design Standard Launched

Description: Joint Development between CABE and the DCSF

The Schools Minister has launched a new Minimum Design Standard for the Building Schools for the Future (BSF) programme, which is intended to encourage excellence in design. The Minimum Design Standard will mean that designs which do not meet the rigorous standard will not be able to proceed through procurement.

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   12/5/2009

Subject: Scottish Government to Approve Grants for Affordable Homes

Description: £644m Affordable Housing Investment Programme

Thousands of new homes for rent or low cost ownership will be built across Scotland this year. The Scottish Government says it will approve grants for a record breaking 8,100 affordable homes. This is being backed by £644 million from the Scottish Government's Affordable Housing Investment Programme. A breakdown of planned housing approvals in all local authority areas has been published.
The housing is expected to inject renewed confidence in Scotland's building industry as it copes with the economic recession. The Housing and Communities Minister Alex Neil said that the £644 million includes accelerated funding of £80 million, £20 million of which is made possible by acceleration of local government funding agreed with COSLA.Associated Link :

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   12/5/2009

Subject: The Use of Mediation in Construction Disputes

Description: CCLDR Publishes Survey Results

The Centre for Construction Law and Dispute Resolution and the Technology and Construction Court have published the interim results of a survey into the types of claim being heard in the TCC Court, and the extent of theuse of mediation.
The report can be downloaded from: http://www.fenwickelliott.co.uk/files/Summary%20Report%20of%20the%20Final%20Results.pdfAssociated Link :

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   12/5/2009

Subject: Council Did not Act Disproportionately in Refusing to Allow Amendment to Tender

Description: Contractor’s Tender Omitted Case Studies

The court has rejected an application by J.B. Leadbitter that Devon County Council had acted disproportionately in refusing to permit it to amend its tender. The tender concerned the award of a 4-year construction framework agreement for the South West o England.
The tender process was complicated and detailed, and issued under the Public Contracts Regulations 2006. The tender rules required tenders to be uploaded electronically to a dedicated website. Only one upload was allowed, as the electronic system had been designed so as not to be capable of accepting additional information. The claimant’s upload accidentally omitted the cases studies element. The claimant attempted to re-upload the tender again 15 minutes prior to the tender deadline at 3pm, but was unsuccessful. Its tender was rejected by the defendant.
The court found that there might be circumstances where proportionality would, in exceptional circumstances, require the acceptance of the late submission of the whole or significant portions of a tender, most obviously where there has been an error on the part of the procuring authority, but, generally, even if there is discretion to accept late submissions, there is no requirement to do so, particularly where, as here, it results from a fault on the part of the tenderer.Associated Link :

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   6/5/2009

Subject: Contract Tender for QS Services

Description: OJEU Advert for QS and Programme Management Servies Published

The West London Mental Health NHS Trust is advertising a contract for quantity surveying and programme management services at Broadmoor. The Project involves the design and construction of buildings adjacent to the current Broadmoor Hospital and has an overall estimated capital value up to £208m at current prices. The contract is expected to run for 9 years.Associated Link :

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   6/5/2009

Subject: Carillion Joint Venture Selected as Preferred Bidder for £500m Durham BSF Contract

Description: 40 Schools to Be Delivered over the Next Ten Years

Carillion and its joint venture partners in the Local Education Partnership (LEP), have been appointed as the preferred bidder for the £500 million Durham Building Schools for the Future (BSF) programme, part of the UK Government’s £45 billion BSF programme.
The first Wave of nine schools, which comprises seven secondary schools, one Special Educational Needs (SEN) school and one primary school with a combined capital cost of approximately £110 million, will be completed by September 2012.
Three schools in the first Wave will be privately financed by a combination of borrowing and equity. Barclays and Nationwide will each provide £25 million of the £50 million of debt finance required. The LEP shareholders will contribute approximately £6.2 million of equity, of which Carillion will provide approximately £5.0 million. Carillion will also provide facilities management services for the three privately financed schools, worth approximately £25 million over the 25-year concession period.
The three subsequent Waves of the Durham BSF programme will deliver the remaining schools with an estimated capital cost of £390 million.Associated Link :

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   1/5/2009

Subject: Skanska Wins £150m MOD Contract

Description: Contractor Will Build New Facilities at RAF Wyton

Skanska has been contracted to build new facilities at the UK Ministry of Defence site, Royal Air Force Wyton in Cambridgeshire. This is part of a larger modernisation programme. Work will begin this summer for completion in 2011. The project includes technical, and service and leisure premises, as well as land and civil works to improve the environment. Skanska will be responsible for all the engineering, including M&E worksAssociated Link :

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   30/4/2009

Subject: Costs of Offshore Wind Energy Projects Increase

Description: DECC Report Shows that Costs Have Risen

The report was commissioned by the Department of Energy and Climate Change (DECC) to provide:
An assessment of the current capital and operating costs for offshore wind projects in the UK and the historical drivers for the evolution of these costs;
An initial assessment of the likely evolution of such costs, assuming current project characteristics;
The level of financial support required to encourage he short-term roll-out of offshore wind projects in the UK;
An outline of the supportive measures to be considered in providing additional support to the offshore wind industry in the UK.
The report concludes that projects which were at, or near, financial close in January 2009 had considerably higher costs than were contained in the last analysis by Ernst & Young in 2007. The report suggests how cost reductions could be achieved in future projects.Associated Link :

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   26/4/2009

Subject: QSi /Utility Warehouse Fundraiser Scheme

Description: QSi /Utility Warehouse Fundraiser Scheme

Prices are increasing all the time.
Fight back by joining the QSi / Utility Warehouse scheme and ensure that you cut the cost of your gas, electricity, telephone, mobile and broadband.
You also get everything on one bill
There is also a new saver card
By joining, you also help the QSi funds and it doesn't cost you a penny
If you need more information regarding the scheme email Andrew Williams on info@andrewrwilliams.co.uk Associated Link : http://www.theqsi.co.uk/doc/qsi%20fundraiser%20latest.doc

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   26/4/2009

Subject: HR Department details - Special Offers for QSi Firms / QSi Members

Description: HR Department details - Special Offers for QSi Firms / QSi Members

The recession is hitting the building industry hard. If you need to reduce staff levels or have been made redundant - Speak to HR Dept. They will advise you of your employment rights The QSi have negotiated reduced rates for members. Associated Link : http://www.theqsi.co.uk/doc/qsi%20flyer.doc

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   26/4/2009

Subject: Manchester Professionals offer for QSi Members

Description: Manchester Professionals Offer to QSi Members

QSi Members can now advertise at special negociated rates. See link below for detailsAssociated Link : http://www.theqsi.co.uk/doc/manchester%20professionals.doc

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   24/4/2009

Subject: University of Birmingham Advertises QS Framework

Description: Four-Year Framework

The University of Birmingham has placed an advert in the Official Journal for quantity surveyors under a framework. The successful firms will be for both new projects and for work on the university’s existing 200 buildings. The estimated value of the contract is £1.8m.
In a separate notice, the Ministry of Defence is advertising for cost consultancy/ quantity surveying services on a call-off basis across the UK. The services to be provided will also include forensic and claims services. Associated Link :

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   24/4/2009

Subject: Davis Langdon Cuts a Dozen Partners

Description: 12 Partners to Go Due to Recession

“Building” reports that Davis Langdon is to make 12 partners redundant with the possibility that 25 will leave in all. The company is in the middle of redundancy consultations, and says that it is reviewing resources at every level in order to maintain the overall shape o the business. Associated Link :

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   21/4/2009

Subject: Carillion reaches financial close on its 50th Public Private Partnership project

Description: Project Includes 5-year Support Services Contract

Healthcare services specialist, Clinicenta, part of leading UK support services company Carillion, has achieved financial close on the new Surgicentre facility, worth a total of £153 million, to be built at the Lister Hospital in Stevenage for the East and North Hertfordshire NHS Trust and Hertfordshire Primary Care Trusts.
The project includes a 5-year support services contract, worth some £122 million, in addition to providing the new £31 million state-of-the art facility, in which Carillion will invest some £5.6 million of equity.
The Surgicentre will treat around 15,000 people a year and significantly reduce waiting times and cancelled operations, whilst offering patients increased choice.
Construction of the new three-storey, hi-tech building will begin immediately and is due for completion in Spring 2011. It will have six operating theatres and 26 short stay inpatient beds, in addition to day surgery, outpatient and ophthalmology, including urgent eye clinic facilities. Associated Link :

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   20/4/2009

Subject: QSi HR Dept Partnership

Description: QSi HR Department Partnership

The QSi has negociated a 10% fee reduction for QSi members / Practices with QSi members.
Don't miss out.
Follow the links below for more information
http://www.theqsi.co.uk/doc/a%20new%20partnership%20for%20qsi.doc http://www.theqsi.co.uk/doc/finch_flyer[1].pdf Associated Link : http://www.theqsi.co.uk/doc/a%20new%20partnership%20for%20qsi.doc

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   17/4/2009

Subject: EU Figures Show 1.8% Fall in Construction in the Euro Area

Description: 11.8% Drop in Annual Figure 2008-2009

Eurostat has issued statistics showing a fall in construction activity across the eurozone. The annual figures show that only Poland and Sweden showed any increase, whilst Slovenia, Germany and Spain experienced the biggest falls. The monthly comparison indicate an slight increase in Bulgaria, and a recovery in Germany and Slovenia of 1.9% and 1.1% respectively. There were falls in Romania, Spain and the Czech Republic.Associated Link :

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   15/4/2009

Subject: Government Warned Over Offshore Wind Jobs

Description: Government Must Give Sector More Support

A report from the Institute for Public Policy Research (IPPR) is warning that the UK must rapidly expand its offshore wind capacity if it is to meet its target of sourcing 15% of its energy from renewables by 2020.
Wind energy is expected to be the greatest provider for the alternative energy, and there is the potential to create 70,000 long-term jobs in the industry. However, the IPPR is warning that the government must remove barriers to long-term investment, and increase the skills base if the country is to benefit.
The report says that the government needs to be more pro-active in establishing certainty. Some of the measures suggested are updating the national grid infrastructure, and taregting support companies to unblock bottlencks in the supply chain for parts.Associated Link :

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   15/4/2009

Subject: Government Publishes Nominated Nuclear Sites

Description: Sites Have Existing Facilities

The government has published its list of nominated sites for proposed new nuclear power stations. The public now has until 14 May 2009 to comment on the nominations, which are: 1. Bradwell, Essex, NDA
2. Braystones, Cumbria, RWE Npower
3. Dungeness, Kent, EDF Energy
4. Hartlepool, Durham, EDF Energy
5. Heysham, Lancashire, EDF Energy
6. Hinkley Point, Somerset, EDF Energy
7. Kirksanton, Cumbria, RWE Npower
8. Oldbury, Gloucestershire, the NDA and Eon
9. Sellafield, Cumbria, NDA
10. Sizewell, Suffolk, EDF Energy
11. Wylfa, Anglesey, RWE Npower and the NDA.Associated Link :

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   9/4/2009

Subject: GLA Study Says Shopping Space Should be In London Suburbs

Description: 2.9m Square Metres of Additional Retail Space Needed by 2013

A study conducted by Experian Business Strategies for the Greater London Authority (GLA) says that an additional 2.9 million square metres of additional retail floor space will be needed in the London area the next 22 years. Of this, 50% will be needed in outer London. The study’s findings will be used by the Outer London Commission, and in the revision of the London Plan and the London boroughs' local development frameworks. The report anticipates that London's long-term household expenditure will rise from the 2006 level of £89 billion to over £160 billion by 2031Associated Link :

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   8/4/2009

Subject: Construction facing 12% fall in output

Description: Only Back to 2002 Levels in 2013, says CPA

The Construction Products Association (CPA) is predicting a 12% fall in construction output in 2009, with a further decrease of 3.4% in 2010. The CPA says that only expects that 2002 levels will be achieved in 2013. The worst affected sector has been private housing.Associated Link :

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   3/4/2009

Subject: Another Three Major QS Practices Cut Salaries

Description: Reductions Vary from 10% to 20%

Three of the country’s top quantity surveyors, Davis Langdon, Cyril Sweett and Gardiner and Theobald have notified employees of their plans to reduce salaries and pension contributions due to the current recession.
At G&T, senior staff have been asked to take a voluntary 20% pay cut, whilst Davis Langdon says it is “re-engineering” its service to meet changing needs. Associated Link :

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   1/4/2009

Subject: Extension to Nottingham Tram Approved

Description: Net Phase Two Given the Go-Ahead

The Secretary of State for Transport has given approval for the construction of two extensions to the existing Nottingham Express Transit System, known as NET Line One. The new lines will run from Nottingham City Centre to Clifton via Wilford, and from the city centre to Chilwell via the Queen’s Medical Centre. Associated Link :

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   30/3/2009

Subject: Carillion Lodges £40m Loss of Profit Claim

Description: Claim Over Cancelled AMP Contract

Carillion is claiming £40m from Bradford Council alleging this is what it would have made in profit if the Council had not cancelled it Asset Management Project two years ago.
The £1.2 billion AMP scheme would have meant a private contractor running 600 Council-owned buildings over a 20-year period. But the contract, which was suspended for 18 months amid allegations the bidding process had been biased in favour of the winning company, was withdrawn on the day it was due to be awarded.An inquiry by public spending watchdog the Audit Commission found managers failed to follow procedures and keep records of a crucial meeting. The writ says Carillion was informed the project had been abandoned because the process was “tainted” and that it “wished to draw a line under things”.Associated Link :

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   30/3/2009

Subject: UKAEA Looks for Buyers for its Commercial Business

Description: UKAEA Ltd. to Be Sold

The UK Atomic Energy Authority is seeking a purchaser for up to 100% of the issued share capital of UKAEA Limited, which provides nuclear decommissioning, waste management and site environmental remediation services and nuclear new build support services under contract both in the UK and overseas. However, t he Government has indicated that it would consider retaining a stake in UKAEA Limited.
The announcement comes after a strategic review. The government says that the sale will increase efficiency and competition, and give the taxpayer better value for money. Associated Link :

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   28/3/2009

Subject: QSi /Utility Warehouse Fundraiser Scheme

Description: QSi /Utility Warehouse Fundraiser

Qsi Fundraiser / Utility Warehouse
Help the QSi raise more funds by joining the QSi / Utility Warehouse fundraiser scheme.
Members who join the scheme will save themselves money – They will also help the QSi because Utility Warehouse will provide the QSi with vitally needed funds.
If you want to discuss the scheme call Andrew Williams 0151 426 9660.
If you do call Utility Warehouse. Don’t Forget to Quote the number B92260.
Also make sure that you have copies of your recent service invoices to hand as this will same time.
Don’t Forget to Quote the number B92260
This offer is open to anyone – Not just QSi Members
See latest April 2009 review in Which? below.
http://www.uwdcvideos.co.uk/?exref=B92260
http://www.theqsi.co.uk/doc/which%20april%202009.pdf
http://www.theqsi.co.uk/doc/domestic%20tarriff.pdf
http://www.theqsi.co.uk/doc/commercial%20tarriff.pdf Associated Link : http://www.theqsi.co.uk/doc/which%20april%202009.pdf

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   26/3/2009

Subject: Department of Health Publishes Guidance on Variations to PFI Contracts

Description: Guidance on the Business Case and Costs

Guidance on the Business Case and Costs.Associated Link :

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   25/3/2009

Subject: HR Department Notes - Discipline & Greivances

Description: HR Dept Notes - Discipline & Grievances – the new rules!

Discipline & Grievances – the new rules! So after April 6th 2009 the statutory dispute resolution procedures will be repealed and at the same time replaced by the new ACAS Code of Practice. Read link for more detailsAssociated Link : http://www.theqsi.co.uk/doc/discipline%20and%20greivances.doc

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   24/3/2009

Subject: Welsh Assembly Promises Schools £109m Funding

Description: Rebuilding and Improvement Schemes for 40 Schools

Rebuilding and improvement schemes at 40 schools and colleges were promised almost £109 million of funding by ministers today.
The Assembly Government has granted £78.7 million to 32 school projects after receiving 130 bids from local councils worth a combined £405 million.
It will pay for 12 new schools, with another £30.2 million going towards eight upgrades for further education campuses.
Education Minister Jane Hutt said: "This targeted investment will enable local authorities and colleges to replace sub-standard accommodation and to provide facilities more akin to the needs of the 21st century learner." Associated Link :

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   23/3/2009

Subject: Baqus “Cautiously Optimistic”

Description: Programme of Acquisitions Will Continue

Despite the current downturn, and a fall in pre-tax profits from £440,000 to £365,000, quantity surveying consultants Baqus are still optimistic that they will achieve their long-term objectives this year. The AIM company was formed in 2007 by a merger of three practices. Orders, however, are also down, but the company is reporting an “upsurge” in enquiries.
Founder, Roger Knowles, says that Baqus' programme of acquisitions will continues in spite of the recession.Associated Link :

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   22/3/2009

Subject: Manchester Professionals

Description: Manchester Professionals

ManchesterProfessionals.co.uk is an online professional network that quantity surveyors can join to gain new clients and referral partners in Manchester. The website attracts 60,000 local businesses that visit to identify suitable professional services and advisors, with surveys being a key service required. Participating associations include Business Link NW, Manchester Chartered Accountants, Chartered Institute of Marketing, Manchester Law Society, British Computer Society, CIMA and Manchester Insurance Institute. Benefits for Joining ManchesterProfessionals.co.uk include: · Each member can create a professional profile page outlining their expertise. · Attract new clients and associates by being included in a search facility. · Members can promote their services through featuring testimonials, answering survey questions and posting blogs. · Information and knowledge can be acquired through discussing topics. · Members can create or join online groups and register for industry events. It is free to join the website or £84 per year for an individual business membership to post content and receive all the benefits listed above to generate new custom. There is currently a preferential business membership rate for QSI members of £63 for the year. To take up this offer, you need to join and login, click ‘upgrade’, select ‘Business Account’ and enter the promotional code a9984. Join today by visiting www.manchesterprofessionals.co.uk. Associated Link : http://www.theqsi.co.uk/doc/qsi%20article.doc

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   20/3/2009

Subject: Appellants were not "Residential Occupiers"

Description: Court Considers Section 106 of the Construction Act

The appellants appealed against the enforcement of an adjudicator’s decision and sought a stay of the proceedings under section 9 of the Arbitration Act 1996 on the basis that there was a binding arbitration clause in the contract. The court ruled that there could be no defence to a claim to enforce an adjudicator's decision, subject to a further jurisdiction point, and that the contractors were entitled to be paid the sum awarded whether an application for summary judgement had been made or not. The appellants were in breach of contract for not paying that sum. They would be taking advantage of their own breach if they failed to pay, and then sought to stay the enforcement proceedings as if the adjudicator's decision had never been made.
A party which is ordered to pay a sum by an adjudicator has promised by virtue of the terms of the contract implied by the Act to pay that sum, and a party is in breach of contract if it does not make prompt payment.
The East Lodge, which was the subject of the works, was not the residence of either of the appellants, and was not occupied by them. At the time the contract was made, they did not intend to occupy the Lodge. It was not the appellants' dwelling or dwelling house. The court admitted that the definition in s.106 was narrow, but based on that definition and the judge's findings of fact, his decision had been correct. The appellants were not "residential occupiers" within the meaning of section 106 of the Housing Grants, Construction and Regeneration Act 1996.Associated Link :

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   20/3/2009

Subject: Middle East Developer Asks for Fee Discounts

Description: "Building" Survey Shows Confidence at "Low Ebb"

Aldar Properties, Abu Dhabi's biggest developer, is asking consultants for retrospective discounts on fees of as much as 20%. It is also renegotiating prices for future works. A survey by "Building" Magazine also indicates that thwo thirds of UK companies operating in the Middle East have been asked to cut fees in the last three months.
Aldar has also frozen some projects and reduced staff levels on others. Associated Link :

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   15/3/2009

Subject: The QSi – Quantity Surveyor and Building Club

Description: The QSi – Quantity Surveyor and Building Club

The QSi – Quantity Surveyor and Building Club
Is an Ecademy online networking group.
Links http://www.ecademy.com/module.php?mod=club&c=7066 Objectives
Help members to: 1. Create a greater awareness of the QSi and Quantity Surveying matters.
2. Create a powerbase for Quantity Surveyors and allied professions.
Club Owner The QSi - The QSi – Quantity Surveyor and Building Club is run by Andrew R Williams of Andrew R Williams & Associates Ltd on behalf of the QSi. – Tel 0151 426 9660 Associated Link : http://www.ecademy.com/module.php?mod=club&c=7066

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   15/3/2009

Subject: Commercial Energy Assessments

Description: Commercial Energy Assessments

Commercial Energy Assessments
By Andrew Williams, Andrew R Williams & Associates Ltd.
It is now a requirement that commercial premises need a Energy Performance Certificate if they are sold, or if a lease is granted or assigned. (Unless they are very small isolated buildings) Public buildings require a Display Energy Certificate (DEC).
Q: When do I need an EPC?
A: When you start marketing for sale the leasehold or freehold of your commercial premises, or when you assign or grant a commercial lease.
Q: Who has to get an EPC?
A: The legal obligation is on the landlord or owner of the freehold. However, if you are a tenant who needs your landlord’s consent to an assignment of lease the chances are, your landlord is likely to pass the cost onto you. Q:What is the difference between a Residential EPC and a Commercial EPC?
A: There is a great deal of difference between a residential EPC and a commercial EPC. With a domestic EPC the assessor uses a RdSAP to assess the subject property. A simple domestic survey can normally be completed within an hour to and hour and a half. Commercial Buildings are assessed using the SBEM formula. As indicated in a previous article, an SBEM calculation involves a complete measurement survey and zoning of the building, assessing the U values of major elements of the building including, floors walls, roofs, windows, doors, assessing the energy efficiency of the lighting , heating, ventilation and air-conditioning systems. A commercial energy assessment may require just one assessor but big buildings may need a whole team.
Q: How much does a commercial EPC cost?
A This is subject to negotiation with the energy assessor There are no set scales of charges.
Q: What happens if I don’t get an EPC?
A: Fines range from £500.00 to £5000.00. Trading Standards can keep fining a law breaker until they get an EPC.
Also - The solicitors acting for a purchaser will object if an EPC is not provided because the agreement does not comply with the law. Andrew Williams FQSI FRICS Dip NDEA Andrew R Williams & Associates Ltd, Chartered Quantity Surveyors / Commercial and Domestic Energy Assessors First Floor, HSL Buildings, 437, Warrington Road, Rainhill L35 4LL Tel 0151 426 9660 Mob:07940 875076 http:/www.andrewrwilliams.co.uk email: andrew@andrewrwilliams.co.uk Associated Link :

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   14/3/2009

Subject: French & Saunders Video - Fundraiser

Description: French & Saunders Video - Fundraiser

Check out French & Saunders talking about how you can help the QSi and also save money on your bills! Simply click on http://www.uwdcvideos.co.uk/?exref=B92260 If you do call Utility Warehouse. Don’t Forget to Quote the number B92260 Also make sure that you have copies of your recent service invoices to hand as this will same time. Don’t Forget to Quote the number B92260 This offer is open to anyone – Not just QSi Members Associated Link : http://www.uwdcvideos.co.uk/?exref=B92260

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   13/3/2009

Subject: Turner & Townsend Buys American cost Management Consultant

Description: Acquisition Strengthens US Network

Turner & Townsend has bought American cost management consultant, Busby and Associates as part of its attempt to build an international network of offices. Busby has worked with US Department of Homeland Security and the University of Texas and specialises in healthcare, public sector and education projects. Turner & Townsend already has five offices in America.Associated Link :

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   12/3/2009

Subject: Scottish Hydro Scheme Approved

Description: Scheme will Power 2,000 Homes

A new hydro scheme near Strathcarron that will power 2,000 homes has been approved. The 3.5 Megawatt Chonais scheme in the North West Highlands will create 30 jobs during the construction phase. This is the latest in a series of proposed schemes, as the Scottish Government is committed to meeting 50% of its electricity requirements from renewables by 2020, and an interim target of 31 per cent by 2011.
The Scottish Government's Energy Consents and Deployment Unit is currently processing 29 renewable project applications - 24 wind farms and five hydro project, and has determined 26 energy applications, including approval for 20 renewable and one non-renewable project since May 2007 - more determinations than over the whole of the previous four years, in which 19 projects were determined. New applications are being dealt with in line with the Scottish Government's new target to come to a decision within nine months, where there is no public inquiry.Associated Link :

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   11/3/2009

Subject: Department of Transport Endorses High Speed Rail Plans

Description: HS2 Will Develop Business Case

High Speed 2, one of the UK’s most crucial transport projects, has been officially endorsed by the Department of Transport. The Transport Minister, Andrew Adonis, has asked HS2, the company created to develop the case for high speed rail, to advise the Department on extending services to Greater Manchester, West Yorkshire, the North East and Scotland. Initially, HS2 was asked to bring forward proposals to a new line between London and the West Midlands.
HS2 will report by the end of the year with a proposed route from London to the West Midlands, including outline options for stations for London and the West Midlands. It will provide environmental and economic assessments that will allow public consultation on a preferred route and options to be carried out in 2010.Associated Link :

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   6/3/2009

Subject: National Grid Needs £4.7 Billion Investment, Says Report

Description: Investment Needed to Enable Hook Up to New Capacities

A report from the Electricity Networks Strategy Group (ENSG) says that the UK’s National Grid will need investment of £4.7 billion to enable it to be able to hook up to renewable and nuclear energy power. The ENSG estimates that 621.4 miles of new cables will be needed for the biggest expansion to National Grid since the 1960s. This follows a report from the Crown Estate which has forecast a figure of £10 billion. The ENSG says that the work needs to be started now to prevent project delays and electricity shortages. Associated Link :

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   5/3/2009

Subject: Adjudicator’s Decision Not Enforced

Description: Adjudicator Failed to Give Reasons as Required Consider Defence

The Technology and Construction Court has declined to enforce an adjudicator’s decision in what the court itself described as a “relatively rare case”. In Thermal Energy Construction Ltd. v AE & E. Lentjes UK Ltd., [2009] EWHC 408 (TCC), the defendant had raised counterclaim and set-off defence of £3.75m. The parties’ contract had provided for the adjudication to be governed by the TeCSA Rules, and it was common ground that the adjudicator had been required to give reasons for his decision.
The court found that an adjudicator is obliged to give reasons in order to make it clear that he has decided all the essential issues properly put before him by the parties, so that they can understand what the adjudicator has decided and why. In the present case, it was important for anyone reading the decision to know whether or not the adjudicator proposed to decide the set-off and counterclaim, and if so, on what grounds.
There was no express reference to the set-off/ counterclaim point being one which the adjudicator recognised he had to decide, nor was it the subject of an express reference to an issue which he had in fact decided. It was evident that the adjudicator had not dealt with the point at all, and had failed to comply with his obligations.Associated Link :

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   2/3/2009

Subject: BERR Issues Procurement Policy Guide

Description: Commitment to Competition and Value for Money

The Department for Business, Enterprise and Regulatory Reform has issued a new procurement manual covering: procurement principles, competition, electronic purchasing, international obligations, SMEs, and social and racial issues. The Department is committed to competition and value for money, and the guide covers the different procurement routes.
The Guidelines can be downloaded from: http://www.berr.gov.uk/files/file22013.pdfAssociated Link :

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   25/2/2009

Subject: Dissenting Party Still Liable for Adjudicator’s Fees

Description: Adjudicator’s Contractual Entitlement to Fees and Expenses

In Christopher Michael Linnett v Halliwells LLP, [2009] EWHC 319 (TCC), the claimant adjudicator sought to recover his fees and expenses from Halliwells. Throughout the dispute with ISG, Halliwells had challenged the adjudicator’s jurisdiction because the Referral has been served out of time, and had invited the adjudicator to withdraw, and now argued that the adjudicator could only recover his fees from ISG. The case raises issues of an adjudicator’s contractual entitlement to payment of his fees.

Although it had been intended that the parties would sign a JCT adjudicator’s contract, no such contract was signed. There had been no contract between Halliwells and the adjudicator because they did not respond to his invitation to agree to his Terms and Conditions. Acceptance by silence could only be inferred in exceptional circumstances, and these did not exist here. The judge discussed the parties’ relationship with an adjudicator, and the options open to a party which challenges an adjudicator’s entitlement to act.

However, in the present case, Halliwells asked the adjudicator to withdraw whilst, alternatively asking him to adjudicate on the merits. In doing so, they asked the adjudicator to proceed and carry out work, which, whatever the correct position on jurisdiction, was an acceptance that if the adjudicator rejected the jurisdictional challenge, he would carry out the work. Hence, the adjudicator proceeded at the request of both ISG and Halliwells, and without any express agreement as to fees. The request from Halliwells and the fact that the adjudicator proceeded with the adjudication gave rise to a contract and Halliwells’ obligation to pay the adjudicator’s reasonable fees and expenses.Associated Link :

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   25/2/2009

Subject: French & Saunders Video - Fundraiser

Description: French & Saunders Video - Fundraiser

Check out French & Saunders talking about how you can save money on your bills! Simply click on http://www.uwdcvideos.co.uk/?exref=B92260then let me know what you think. It lasts about 3 minutes. Please pass it on to anyone else you think might be interested in saving some money. And you could win free utilities for a year! Don’t Forget to Quote the number B92260 Associated Link : http://www.uwdcvideos.co.uk/?exref=B92260

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   24/2/2009

Subject: QSi_Quantity Surveyors and Building Professionals Club

Description: QSi_Quantity Surveyors and Building Professionals Club

QSi_Quantity Surveyors and Building Professionals Club The QSi have now established a QSi_Quantity Surveyors and Building Professionals Club on Ecademy. If you are looking to exchange ideas or looking for work, why not push the link below and join. http://www.ecademy.com/module.php?mod=club&c=7066 Associated Link : http://www.ecademy.com/module.php?mod=club&c=7066

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   19/2/2009

Subject: Avoiding Procurement Pitfalls: an ACE Guide

Description: Identifies Five Key Steps to Effective Procurement

The Association of Consulting Engineers has published a guide to procurement. The ACE guide provides an overview of concepts involved in procuring the services of a project delivery team. Its principles can be applied to both construction projects and service contracts. The ACE guide identifies five key steps for an effective procurement process:

Establish the business case for the project.

Develop and define the procurement strategy.

Procure the project.

Design, build and commission the project.

Operate and maintain the asset.

In addition, the appendix to the ACE guide contains a self assessment tool, which can be used to assess the capabilities of an existing procurement team and to assist in planning for any additional professional skills that may be necessary in the future.

The ACE guide will be of interest to all those involved in construction and engineering procurement, particularly professional consultants involved in project procurement. Free Download from http://www.acenet.co.uk/documents/2009%2001%2013%20Procurement%20Guide%20-%20final.pdf Associated Link :

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   17/2/2009

Subject: Scottish Government Increases Payments to Housing Associations

Description: Aim is to Bolster Construction during Recession

The Scottish government is increasing the standard Housing Association Grant assumptions by an average of 6%, which equates to an additional grant of between £4,000 and £5,000 per house. These measures have been taken in response to the current financial situation and to support housing associations during this difficult period. The Government says it is committed to the role of housing associations and to ensuring that they build the maximum number of affordable homes for the public subsidy available. The changes in Housing Association Grant assumptions take immediate effect and will apply until to the end of 2009-10.Associated Link :

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   16/2/2009

Subject: Airtricity Granted Exclusive Licence for Bell Rock Windfarm

Description: Fluor and Airtricity to Work with Local Authorities and Stakeholders

The Fluor Corporation announced today that its UK division, Fluor Limited, and Airtricity, the renewable energy division of Scottish and Southern Energy, have been granted an exclusivity award by The Crown Estate to develop an offshore wind farm at Bell Rock off Scotland’s Angus coastline. During the next year Fluor and Airtricity will work with a variety of local authorities, statutory and non-statutory entities and other stakeholders in order to undertake site specific consultations and environmental impact assessments before bringing forward a final plan for development of the site.
The proposed wind farm could have a total capacity of up to 700 megawatts (MW) from power generated by state-of-the-art turbines. The site is 10 kilometres from the Angus coastline and covers around 93 square kilometres.
The award by The Crown Estate follows an invitation for bids for Scottish Territorial Waters for the development of offshore wind farms and is subject to the satisfactory completion of the Strategic Environmental Assessment for offshore wind announced by the Scottish Government in October 2008. Associated Link :

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   14/2/2009

Subject: Utility Warehouse News

Description: Utility Warehouse News

Utility Warehouse listed for award. Why not join the Utility Warehouse scheme run by the QSi and save money on your gas, electricity, telephone and boardband services?Associated Link : https://www.telecomplus.co.uk/extranet/hotnews/hn090211.pdf

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   11/2/2009

Subject: Company Voluntary Arrangement Does not Affect Adjudication Award

Description: Financial State Caused by Non-Payment

In Mead General Building Ltd. v Dartmoor Properties Ltd., [2009] EWHC 200 (TCC), the defendant sought to resist the enforcement of an adjudication award on the basis that the claimant was the subject of a CVA. The court found that even if the CVA were relevant in the way contended for by the defendant, it did not prevent judgement being entered in Mead’s favour. However, it was relevant as to whether or not there should be a stay in relation to that judgement.
Both the CVA and the claimant’s current trading position would be relevant factors, plus whether the claimant’s financial position was brought about by the defendant’s failure to pay the sums awarded by the adjudicator.
In the present case, it was clear that Mead's financial problems had begun because of the defendant's failure to pay. Mead was supported by its independent supervisor, and was continuing to trade successfully. The adjudicator's award was upheld.Associated Link :

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   10/2/2009

Subject: QSi /Utility Warehouse Fundraiser Scheme

Description: QSi /Utility Warehouse Fundraiser

Save yourself money and help the QSi. Join our fundraiser schemeAssociated Link : http://www.theqsi.co.uk/doc/which%20-%20qsi%20-%20utility%20warehouse.doc

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   10/2/2009

Subject: QSi Now on Ecademy and facebook

Description: QSi Now on Ecademy and facebook

Why not log in and see our new sites on Ecademy and facebookAssociated Link : http://www.ecademy.com/module.php?mod=club&c=7066

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   10/2/2009

Subject: Online Building Costs Service Launched

Description: Laxtonslive Provides New Generation of Building Costs Data

Laxtonslive provides online building cost data via the Internet 24 hours a day. Prices are automatically converted to your regional index and are regularly checked and updated. Accessed from your own secure login the data can be browsed and picked into a unique data set which can be downloaded to your PC.
There are three versions, Major Works, Minor Works and Alterations and Repair.Associated Link :

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   10/2/2009

Subject: Welsh Assembly Agrees £15m Cash Boost for 300 New Affordable Homes

Description: Investment Will Also Help Construction Jobs

The Welsh Assembly Government has agreed a £15 million deal with housing associations in local authority areas throughout Wales to deliver up to 300 new affordable homes, the Deputy Minister for Housing, Jocelyn Davies AM has announced .The additional funding will go to registered social landlords, including housing associations, in the 22 local authority areas across Wales and allow local authorities and housing associations working in partnership to respond to the current economic situation.Associated Link :

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   8/2/2009

Subject: QSi Ecademy link

Description: QSi Ecademy link

The QSi now has a presence on Ecademy, one of the most extensive business networking sites. Why not join the QSi Quantity Surveyors and Building Professional Club and help yourself through the recession Associated Link : http://www.ecademy.com/club/QSi_Quantity+Surveyors+and+Building+Professionals+Club

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   7/2/2009

Subject: QSi /Utility Warehouse Fundraiser Scheme

Description: QSi /Utility Warehouse Fundraiser Scheme

Save money for your home or office and help the QSi funds. Please join the QSi / Utility Warehouse scheme. Associated Link : http://www.theqsi.co.uk/doc/qsi%20fundraiser%20latest.doc

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   6/2/2009

Subject: CIC Figures Show Increase in Adjudications in 2008

Description: Early 2009 Figures Show Continued Trend

Statistics from the Construction Industry Council show that adjudication disputes for the final quarter of 2008 were more than for the whole of 2007. In addition, January 2009 saw the highest number of adjudication appointments recorded. CIC is one of the adjudication nominating bodies.
CIC Chairman, Graham Watts, says that the increase refelects the current recession.Associated Link :

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   30/1/2009

Subject: Adjudication and Part 8 Proceedings

Description: Dalkia Energy and Technical Services Ltd. v Bell Group UK Ltd.; 21 January 2009

The judgement in Dalkia Energy and Technical Services Ltd. v Bell Group UK Ltd.; 21 January 2009, concerned arguments that Bell’s terms and conditions had not been incorporated into the parties’ contract, so that the Scheme for Construction Contracts (England and Wales) Regulations 1998 applied instead of the adjudication provisions in Bell’s terms and conditions. Further Dalkia argued that the adjudicator lacked jurisdiction. In addition, Dalkia submitted that this application was not suitable for proceedings under Part 8 of the Civil Procedure Rules.
Bell submitted that Dalkia had given the adjudicator the authority to reach a binding decision on his own jurisdiction, which could not be opened by the court. In addition, Bell argued that because the parties were in agreement that there was a written construction contract, the adjudicator’s decision on whether that contract incorporated a particular set of conditions was a decision which he had been entitled to reach as part of the dispute referred to him, and the court had no power to review it or overturn it. The court found that since there had been no unequivocal acceptance by Dalkia that they would abide and comply with the decision on jurisdiction, Bell’s argument failed.
If Bell’s terms and conditions were not incorporated, then the adjudication clause, clause 12, would be lost and the Scheme for Construction Contracts would apply instead. On a quick comparison, the judge found that the differences between the two were largely cosmetic. An adjudicator would have had to be appointed to any dispute whatever procedure applied. Therefore, the adjudicator’s decision on whether a particular set of conditions were incorporated would be part of the dispute properly referred to him, and, normally, would not be a matter in which the court would interfere. The present case, however, the point arose in Part 8 proceedings, where the court has been asked to give a final and binding determination on the issue. In those circumstances, there can be no question of the court lacking jurisdiction.Associated Link :

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   30/1/2009

Subject: No Breach of Natural Justice in Adjucation Because of New Claim

Description: Dispute had Crystallised Between the Parties

In Bovis Lend Lease Ltd. v The Trustees of the London Clinic; 28 January 2009, the court rejected the defendant’s attempt to resist the enforcement of an adjudication on the basis that a dispute had not crystallised between the parties. A dispute had crystallised about the entitlement to extensions of time and prolongation costs when the defendant had rejected Bovis’ claims as unsubstantiated. The defendant could not complain that it had had insufficient time to consider what it alleged was a new claim based on a expert report supported by a voluminous amount of supporting evidence. Neither the defendant nor its advisers had complained that they had had insufficient time to prepare the response. When they had asked for additional time, which was only once, Bovis had granted it. They could not now allege that there had been a breach of natural justice.Associated Link :

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   30/1/2009

Subject: Student Placement

Description: Work Experience

Student undertaking BTec in construction at Portadown, Northern Ireland, wishing to pursue a career as a quantity surveyor is looking for work experience. If you are able to help please contact the administration at admin@theqsi.co.ukAssociated Link :

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   27/1/2009

Subject: Adjudication and Complex Cases

Description: TCC Court Considers Potential for Breach of Natural Justice

In Dorchester Hotel Ltd. v Vivid Interiors Ltd., the court considered whether there was the potential for a breach of natural justice in the adjudication of complex disputes. The claimant in the present case sought declarations that there was the risk of a breach of natural justice because the final account dispute was so complex because the d would have an unfair tactical advantage, given the size and complexity of the claim. The documentation produced by the d ran to some 37 lever arch files, plus expert witness reports. The claimant complained that unless the parties were to agree a realistic timetable allowing the claimant a fair and reasonable opportunity to review the documentation and submit its own response and factual and expert evidence, any decision made by the adjudicator would be unenforceable because of the breach of natural justice.
The judge made comment on how allegations of “breach of natural justice” would be regarded by the courts with some scepticism, as the familiar concepts of natural justice were not always easy to reconcile with the necessity for speed in the adjudication process. In the present case, the applications would be refused because the adjudicator was confident that he could come to a conclusion in the time available, and, although the timetable was tight, at that stage, the court was unable to say that it could not be said that it was incapable of producing a fair result. In addition, the claimant was not left without a remedy, as any adjudicator’s decision could be challenged through the courts.Associated Link :

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   27/1/2009

Subject: OGC Review Identifies Three Best Practice Contracts

Description: Three Contracts Satisfy the Achieving Excellence in Construction initiative

A review of construction contracts commissioned by the Office of Government Commerce and conducted by Ove Arup has identified three standard forms of building contract which satisfy the OGC’s Achieving Excellence in Construction initiative principles. The contracts are the JCT’s Constructing Excellence suite, the New Engineering Contract (NEC3 )and the Association of Consultant Architects’ partnering contract, PPC 2000. These three contracts would enable parties, using them correctly, to achieve OGC's Achieving Excellence in Construction standards from which the Evaluation Criteria are derived, says the OGC. No single contract was found to be superior to the others in all respects. Earlier reviews have only identified the NEC 3 contract as satisfying the OGC’s criteria. Some of the criteria used to evaluate the contracts were: the encouragement of collaborative working, the achievement of value and supply chain management, and the encouragement of early dispute resolution or dispute prevention. Associated Link :

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   26/1/2009

Subject: Department of Energy and Climate Change Announces Severn Tidal Power Shortlist

Description: Mixture of Barrages and Lagoon Schemes

The Department of Energy and Climate Change has announced a proposed shortlist of Severn Tidal power schemes, the main one of which has the potential to generate 5% of the country’s electricity needs. The shortlist includes:
Cardiff Weston Barrage: A barrage crossing the Severn estuary from Brean Down, near Weston super Mare to Lavernock Point, near Cardiff. Its estimated capacity is over 8.6 Gigawatts - twice that of the UK's largest fossil fuel power plant - and it could generate nearly 5% of UK electricity;
Shoots Barrage: Further upstream of the Cardiff Weston scheme. Capacity of 1.05GW, similar to a large fossil fuel plant;
Beachley Barrage: The smallest barrage on the proposed shortlist, just above the Wye River. It could generate 625MW;
Bridgwater Bay Lagoon: Lagoons are radical new proposals which impound a section of the estuary without damming it. This scheme is sited on the English shore between east of Hinkley Point and Weston super Mare. It could generate 1.36GW;
Fleming Lagoon: An impoundment on the Welsh shore of the estuary between Newport and the Severn road crossings. It too could generate 1.36GW.
All ten projects and the proposed shortlist will now be subject to a three month public consultation which begins today.Associated Link :

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   24/1/2009

Subject: Facebook

Description: Why not log into QSi on Facebook

Why not log into QSi on Facebook http://www.facebook.com/event.php?eid=41795380781#/group.php?gid=44576768718Associated Link : http://www.facebook.com/event.php?eid=41795380781#/group.php?gid=44576768718

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   23/1/2009

Subject: Nuclear Decommissioning Authority Chooses Its New Sites

Description: NDA Confirms its Nominations

The Nuclear Decommissioning Authority has confirmed that they expect to nominate Sellafield, Wylfa, Oldbury and Bradwell as potential sites for new nuclear power stations. The new projects could create 9,000 construction jobs, with 1000 skilled workers needed when the plants become operational. The power stations will be worth £2bn to each region.
The government is to call for nominations for the new sites next week. Anyone can nominate a site, but nominations either have to be supported by a credible nuclear power operator or nominators have to demonstrate that this is a credible site for deployment by 2025. In both cases nominators must have raised awareness with local communities of their nomination. Associated Link :

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   23/1/2009

Subject: Wanted! QSs in China

Description: Despite Global Downturn, Prospects Good for British Consultants

“Building” is reporting that, although affected by the global recession, China is still crying out for quantity surveyors due to its appetite for “landmark public buildings”. The main boom areas are not the main cities but what are described as the “second and third tier cities” which are cheaper and are attracting investors to build there. These cities are also less reliant upon foreign demand and, therefore less affected by what is happening in the global markets. Associated Link :

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   21/1/2009

Subject: Crossrail Gets Independent Complaints Commissioner

Description: Residents Will Have Access to Helpline and Community Relations Representatives

The Transport Minister and the Mayor of London have announced the appointment of Tony Gregory as the independent Crossrail Complaints Commissioner. Mr. Gregory will assist residents and members of the public who feel that complaints about disruption caused by the construction of the project have not been satisfactorily resolved with the contractors. Crossrail is the biggest transport project in London and the South East for 50 years. As construction progresses, Community Relations representatives and Crossrail's 24 hour public helpdesk will help to resolve any problems that might occur.
Residents will be encouraged to approach Crossrail or their contractors directly as the first port of call. However, if the problems cannot be resolved, the independent adjudicator will step in. The Independent Complaints Commissioner replaces the Crossrail Referee because Cross London Rail Links Limited has now become a delivery rather than a planning organisation after Royal Assent of the Crossrail Bill and subsequent signing of the governance agreements last year. Associated Link :

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   21/1/2009

Subject: Consultation on Building More Council Houses

Description: Councils Would be Given More Freedom to Build

Under government proposals, councils will be able to keep all the rental income from any homes they build, as well as keep the receipts from any of those homes which are later sold through Right to Buy. This additional money could free councils to invest in the building of more council houses, helping to deliver more homes for families in need. Councils currently only build a few hundred council homes a year, with the majority of new social homes being built by registered social landlords. The consultation proposals would seek to boost this build rate by removing some of the financial barriers stopping councils from building new properties and increasing their housing stock.
The Housing Minister Margaret Beckett said she wanted local authorities to play a bigger role in the delivery of council housing and invited councils interested in building more homes to discuss their ideas with the Homes and Communities Agency. Associated Link :

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   19/1/2009

Subject: Multimillion Pound M80 Contract Announced

Description: New 11 Mile Stretch Between Stepps and Haggs to be Built

The national transport agency Transport Scotland has signed a contract with Highway Management (Scotland) Ltd. for a £310 million project to construct a new 11 mile (18 km) stretch of the A80 between Stepps and Haggs. This will also include costs for maintenance of the road for 30 years. Transport Minister Stewart Stevenson the project is a welcome boost for Scotland's construction industry as it will deliver over 500 jobs over the two-year construction period. The Highway Management (Scotland) Ltd., consortium comprises Bilfinger Berger UK Ltd, John Graham (Dromore) Ltd. and Northstone (NI) Ltd. Over £2.5 billion is to be invested in Scotland's strategic transport networks over the next three years and the M80 project forms part of this major infrastructure programme that will return significant benefits across the country. This will deliver not only substantial, direct economic savings to businesses and individuals that come from improved transport links, but also improved road safety and other wider social gains such as better accessibility and reduced environmental impact.Associated Link :

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   16/1/2009

Subject: QSi Now on Facebook

Description: QSi Now on facebook

The QSi is now formed a group on Facebook. Why not log onto facebook and join the new site?Associated Link :

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   16/1/2009

Subject: Consultancy Partners to Stop Taking Profits

Description: Redundancies and Rights Issues in Other Companies

“Building” magazine is reporting that, in a response to the downturn, partners in a number of consultancy firms, including Davis Langdon, have stopped taking cash from the business in order to boost balance sheets. Other consultants are looking to cut jobs, and Rider Levett Bucknall is considering a rights issue.
Despite this, Davis Langdon says that it is looking for acquisitions. Associated Link :

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   16/1/2009

Subject: Scottish Building Federation Leaves Construction Confederation

Description: From 2010 Confederation Will Have No Members

The Scottish Building Federation is the latest construction body to leave the Construction Federation, joining the Civil Engineering Contractors Association and the National Federation of Builders which resigned before Christmas. The Major Contractors Group and the National Contractors Federation left in 2008 to set up the Major Contractors Group. This last resignation signals the death knell for the Confederation. Associated Link :

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   15/1/2009

Subject: Society of Construction Law Publishes Paper on Concurrent Delays

Description: Consideration of City Inn Ltd. v Shepherd Construction Ltd. , [2007] CSOH 190

The Society of Construction Law has published a new paper, in which Jeremy Winter analyses in some detail at the decision of Lord Drummond Young in City Inn Ltd v Shepherd Construction Ltd heard in the Scottish Outer House, Court of Session in 2007. The author looks first at the facts of the case and then the judge's consideration of the case law, quoting extensively from the judgment and the cases referred to in it. The author then quotes the judge's conclusions at some length before commenting on whether the judge correctly summarised the law and/or correctly applied it.Associated Link :

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   15/1/2009

Subject: Government Pledges Billions to Improve Transport Infrastructure

Description: Geoff Hoon Sets Out Infrastructure Plans to Parliament

Transport Minister, Geoff Hoon, has updated Parliament on government plans to improve the transport infrastructure across England. Both rail and roads are to benefit from billions of pounds-worth of investment to improve motorways and railways. On the railways, the government is planning increased electrification of the network. Mr. Hoon said that the strongest case for electrification was the most heavily used parts of the Great Western mainline from Paddington and the Midland main line north of Bedford.
A programme of £6bn is planned to improve some of the most congested parts of the M1, M25, M6, M62, the M3 and M4 approaching London, and the motorways around Manchester, Birmingham and Bristol. Associated Link :

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   15/1/2009

Subject: Government approves Heathrow Third Runway

Description: Plan Will Go Ahead Despite Protests

The Transport Minister, Geoff Hoon, has told Parliament that the government has approved plans for the construction of a third runway at London’s Heathrow Airport, despite opposition from environmentalists, MPs and local residents. Union and business leaders have been advocating the project, which they say is vital for the UK economy. Mr. Hoon has also announced increased investment in public transport, including possible high-speed rail links to the airport.
Mr. Hoon said that the government was satisfied that environmental targets could be met as there would be an initial cap of 125,000 flights on the new runway.Associated Link :

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   9/1/2009

Subject: Scottish National Planning Framework to be Finalised in Spring

Description: Framework Document has 12 Major Projects

MSPs have until February to respond to to Scotland's second national planning framework which contains 12 projects. The national projects include: the second Forth Road Bridge, airport access upgrades to the Grangemouth freight hub, the 1024 Commonwealth games facilities and a power station at Hunterston. The full document can be viewed at http://www.scotland.gov.uk/Publications/2004/04/19170/35317 Associated Link :

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   9/1/2009

Subject: Tesco Cuts QSs’ Fees

Description: 20%-50% Reduction in Fees

"Building" is reporting that, in a response to the economic downturn, Tesco has written to its panel of consultants, including Turner & Townsend and Faithful and Gould, asking them to accept cuts in their fees or lose work. It is believed that Tesco has also written to its contractors demanding that they accept price cuts. Tesco procures about £1.4bn-worth of work each year. Associated Link :

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   9/1/2009

Subject: Court Orders Framework Contract to be Set Aside

Description: Public Procurement Rules Differentiate Between “Public” Contracts and “Frameworks”

The Northern Irish Court has ordered that a four-year framework agreement for construction work in schools awarded by the Department of Education for Northern Ireland be set aside. The framework had been awarded in breach of the public procurement rules. Whilst, normally, the award of damages would be the appropriate remedy for breaches of the rules, in the case of framework agreements this restriction had the potential to be more damaging. This contract had been awarded for four years and involved the expenditure of £55m of public money. The claimants might find it impossible to quantify its claim until the framework was at an end, causing delays and complexity in bringing the litigation to a conclusion. In addition, any damages would have to be paid from the public purse. It was important that public contracts be awarded on the basis of transparency and equal treatment. Associated Link :

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   9/1/2009

Subject: Adjudicator Asked Right Question

Description: No Excess of Jurisdiction

Castle Inns challenged an adjudicator’s award, arguing that he had acted in excess of his jurisdiction by ignoring the contract between in and Curot Contracts, and had decided the issues on the basis of what he considered to be reasonable. The adjudicator had concluded that the parties’ contract was “inappropriate” because the information available at the tender stage had been insufficient to produce a detailed Contract Bill for all the work required by the contract. The adjudicator decided that the revised drawings produced amounted to variation instructions. The court rejected this submission. The adjudicator had asked the right question and had answered it, whether or not he had been wrong. Associated Link :

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   8/1/2009

Subject: Government Publishes Nuclear Consultation on "Jusitification"

Description: EU Law Requirements Must be Met

The Government has published a consultation on the “Justification of New Nuclear Power Stations”, following an application from the Nuclear Industry Association (NIA). Under EU law, before any new nuclear power station is built, their designs must be “justified”. This involves high-level, generic assessment to determine whether the overall benefit of the practice of ionizing radiation outweighs any associated health detriment.
The Government published a White Paper on Nuclear Power in January 2008, which said that energy companies should have the option of investing in new nuclear power stations and set out a programme of actions which need to be taken by Government to facilitate this investment. One of these actions concerns justification.
The consultation closes in March 2009, and the documents can be viewed at http://www.berr.gov.uk/whatwedo/energy/sources/nuclear/consultations/open/page44523.html Associated Link :

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   6/1/2009

Subject: Government Announces £18m Deal to Buy More Affordable Homes

Description: Deal under Government's National Clearing House with Bovis Homes

The government has announced today (6 January 2009) a £18 million deal to provide more affordable housing and to help support industry its programme of action to tackle current difficulties in the housing market.
The deal, which has been done through the Government's National Clearing House with Bovis Homes, enables house builders to sell their unsold stock to Housing Associations for use as affordable housing, either for rent or low cost home ownership. 379 houses across the country will now be available to families on housing association waiting lists. A total of 4,800 homes have now been brought into use as affordable housing for a total of £160 million, with further such deals in the pipeline.Associated Link :

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   6/1/2009

Subject: Happy New Year from the QSi

Description: Happy New Year from the QSi

Happy New Year everyone. Here's hoping that the ecomony picks up. Help yourself stay one jump ahead by logging onto the QSi siteAssociated Link :

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   26/12/2008

Subject: Merry Christmas and a Happy New Year from the QSi

Description: Merry Christmas and a Happy New Year from the QSi

Hope everyone has a Merry Christmas and a Happy New Year. Please log on over the holiday period and check out the QSi website. We have added a lot over the last year.Associated Link :

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   17/12/2008

Subject: Adjudicator has Discretion about Site Visit

Description: No Breach of Natural Justice

An adjudicator’s decision not to make a site visit to see alleged defects was not a breach of natural justice. Because the time constraints imposed by the adjudication process, the justice meted out was not always “pure” as in cases which go to a full trial. In the present case, the adjudicator had concluded that because there had been no withholding notice, there could be no set-off or abatement, and he had felt that there was enough evidence to make a decision about whether the defects complained of by Mr. Eaves were design defects or workmanship defects on the part of Gipping Construction. Associated Link :

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   16/12/2008

Subject: QSi /Utility Warehouse Fundraiser Scheme

Description: QSi /Utility Warehouse Fundraiser Scheme

Which? confirms that Utility Warehouse are the best buy. This time for Broadband. Join the QSi / Utility Warehouse Scheme Here’s how it works: It’s easy to join. Just call 0800 1313 000 and they will talk you through the process. It costs you nothing…in fact it could save you a lot! You’ll need to give them our appeal number - CFR Number B92260 to make sure your donations come to us. Associated Link : http://www.telecomplus.co.uk/extranet/hotnews/hn081215.pdf

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   15/12/2008

Subject: Utility Warehouse / QSi Fundraiser Scheme

Description: Utility Warehouse / QSi Fundraiser Scheme

Help the QSi raise funds and help keep your bills in check. Join the Utility Warehouse / QSi Fundraiser SchemeAssociated Link : http://www.theqsi.co.uk/doc/qsi%20fundraiser2.doc

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   15/12/2008

Subject: Baqus Eyes Pettifer Consulting Arm

Description: Sale of PCM Must Go Through by 19th December

Dutch consultant Grontmij and UK firm Baqus are believed to be among several bidders interested in buying the PCM consulting arm of Pettifer Group, say sources. The £50m-turnover Pettifer Group went into administration at the end of last month.
While the rest of the Warwickshire-based group will be broken up and sold, administrator KPMG is understood to be seeking a sale of the £10m-turnover PCM arm as a going concern. PCM is seen as a good opportunity because it is a niche consultancy.Associated Link :

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   15/12/2008

Subject: Mandelson Launches Prompt Payment Code

Description: New Code to Help SMEs

Business Secretary Lord Mandelson has launched a new Code of Practice to help increase the speed of payments to smaller companies. The code, developed with the Institute of Credit Management and supported by major business organisations, aims to establish a clear and consistent policy in the payment of business to business bills. The Institute of Credit Management will host the code on its website and will include a facility for suppliers to raise concerns about late payers.
The Code of Conduct, which leading suppliers are urged to sign, focuses on three main areas:
A commitment to pay suppliers on time;
To give clear guidance to suppliers; and:
To encourage good practice.Associated Link :

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   15/12/2008

Subject: Scottish Building Federation Calls for Industry Task Force

Description: Task Force Needed to Secure Projects

The Scottish Building Federation is warning that a task force is needed to ensure that major projects such as the new Forth Bridge go ahead, and is calling upon the Scottish government to take action. The SBF is concerned not only about job losses, but the loss of skills in the industry. Statistics show that there have been 20,000 job losses this year. A separate report is predicting that there will be 70,000 home repossessions this year. Associated Link :

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   15/12/2008

Subject: Government Announces £400m Affordable Housing Plan

Description: 130 Developers Sign Up to HomeBuy Direct Scheme

Housing Minister, Margaret Beckett, has today (15 December 2008) approved a £400m scheme to help first time buyers purchase a home. Over 130 developers have agreed to offer the HomeBuy Direct scheme which will help up to 18,000 first time buyers to purchase a home at sites across England aided by an equity loan, part funded by the Government and the developer. The equity loan, which will be free of charge for five years, can be used as a deposit and can cover up to 30% of the purchase price.
First time buyers could, therefore, buy a house costing £180,000 for £126,000. Potential buyers with a household income OT less than £60,000 will be able to apply. The scheme will also assist house builders in the current economic climate. Associated Link :

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   11/12/2008

Subject: Adjudicator Has Jurisdiction Over Varied Contract

Description: Alleged Multiple Contracts were One Varied Contract

Mr. Justice Akenhead has ruled that a series of agreements entered into by Deerglen and Air Design were not a series of individual contracts, but variations of the parties’ original mechanical services contract. Consequently, the adjudication clause in the underlying subcontract applied to the agreements, and the adjudicator had the jurisdiction to hear the parties’ dispute. Deerglen had argued that the series of letters sent to Air Design for additional works were individual contracts without adjudication clauses, and, hence, the adjudicator was without jurisdiction.Associated Link :

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   5/12/2008

Subject: Amendments to Part 2 of the Housing Grants, Construction and Regeneration Act 1996

Description: Impact Assessment Published

The Impact Assessment for the above has just been published. This impact assessment contains information on options considered for the implementation of amendments to the 1996 "Construction Act". A draft version was originally published in July 2008 for public consultation. This consultation closed in September 2008 and this assessment takes into account comments made during that consultation.Associated Link :

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   4/12/2008

Subject: Construction Act Payment Proposals to Go to the House of Lords

Description: Details Unchanged from Pre-Queen’s Speech

A bill to improve the payment regime on construction contracts is to be introduced in the House of Lords on Friday. The Local Democracy, Economic Development will more firmly establish in law changes to the 1996 Construction Act.
It is believed that the details are mostly unchanged from those contained in the pre-Queen's Speech in May. The full measures will be announced on Friday, and will include measures to improve payment regimes and adjudications. In addition, the government has also promised to improve apprenticeships with an Apprenticeships Reform Bill. Both measures were included in the Queen’s Speech yesterday (3 December).Associated Link :

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   4/12/2008

Subject: Balfour Beatty and Areva Join Forces to Build EPR Reactors

Description: Construction Could Start in 2013

Balfour Beatty announced today (4 December) that it is partnering with AREVA to ensure effective delivery of a fleet of EPR nuclear reactors (EPRs) in the UK. The two companies will work together to identify the skills and resources required to deliver a fleet of EPRs and to put an effective supply chain in place. It is estimated that the nuclear programme could sustain between 10-15,000 jobs over a 25-year period.
Site construction of the first EPR could start as early as 2013. The Energy White Paper in 2007 first set out the UK Government’s in-principle support for a programme of new nuclear power stations in the UK.
In a separate development, Balfour Beatty has also formed a joint venture with VINCI Construction to help deliver project management, construction and civil engineering infrastructure for the EPR programme in the UK. VINCI’s UK-based construction and engineering companies include Taylor Woodrow and Norwest Holst. It will also rely on the expertise of VINCI Construction Grands Projets.
This exclusive alliance will draw on the extensive knowledge and experience of the VINCI Group on international nuclear programmes. This will be harnessed in support of Balfour Beatty within the AREVA partnership and to bid for EPR sites for utilities adopting alternative procurement models in the UK including EDF.Associated Link :

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   3/12/2008

Subject: Cash Starved Contractors Forced to the Wall

Description: Banks Deny Companies Access to Funds

Another four well known contractors have succumbed to the downturn. Pettifer Construction, Linpave, York House and Robin Elllis have all failed, and contractors are blaming banks for making the current economic situation worse by refusing access to overdraft facilities, irrespective of companies having a good credit history. More and more contractors are turning to the £25m Transition Fund which has been established by the Regional Development Agencies.
Contractors are also being force into use their own cash to cover shortages in the funding of some privately financed schemes, the UK PPP Infrastructure Financing Conference 2008 has been told. The Treasury is working with public sector clients to reach financial close on projects such as BSF schemes and the M25 extension. The Treasury PFI Adviser has said that restoring bank financing is a government priority.Associated Link :

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   2/12/2008

Subject: Blis Books NEC

Description: Bliss Books NEC

Bliss Book Catalogue NECAssociated Link : http://www.theqsi.co.uk/doc/nec.pdf

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   2/12/2008

Subject: Bliss Books ICE

Description: Bliss Books ICE

Bliss Books ICEAssociated Link : http://www.theqsi.co.uk/doc/ice.pdf

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   2/12/2008

Subject: Bliss Books JCT

Description: Bliss Books Catalogue JCT

Bliss Books Catalogue JCTAssociated Link : http://www.theqsi.co.uk/doc/jct2005.pdf

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   2/12/2008

Subject: Bliss Books JCT

Description: Bliss Books Catalogue JCT

Bliss Books Catalogue JCTAssociated Link :

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   27/11/2008

Subject: Prime Minister Meets Housing and Construction Leaders

Description: Discussion of Government Plans to Assist the Industry Through the Recession

Gordon Brown has met with housing and construction leaders to Downing Street to discuss the Government’s plans to help the industry through the economic downturn and to get mortgage markets moving again. The Government announced a number of measures in the Homeowners Support Package in September, including the guarantee of more investment in social housing and greater protection for people in danger of falling into arrears. It was agreed that liquidity and affordability were the two main challenges facing housing in the UK. Mr. Brown said that the flow of money was “not what it should be”. Associated Link :

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   27/11/2008

Subject: Scotland Pledges £9m to Finance Housing Developments

Description: Accelerated Investment for Housing Associations

Scotland’s Deputy First Minister Nicola Sturgeon has revealed that accelerated investment of £9 million will finance a string of housing developments across Scotland. The funding will allow housing associations to purchase unsold stock from the private sector, increasing the availability of much needed affordable housing.

The funding will support projects across Scotland:
£3.5 million will help accelerate site starts/construction on five projects in Highland, Stirling, Fife, West Lothian and South Ayrshire
£4.1 million to fund land purchase by housing associations for future developments in Orkney, Perth & Kinross, Falkirk, East & West Dunbartonshire, and Argyll
£1.4 million to fund purchase of suitable unsold stock from the private sector in Falkirk and Perth & Kinross
The £1.5 billion Affordable Housing Investment Programme is allocated mainly to RSLs (Registered Social Landlords).
Approximately 70 per cent of the programme is spent on helping RSLs to meet demand for new social housing for rent, on average subsidising about 60 per cent of development costs of each new house.Associated Link :

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   27/11/2008

Subject: Planning Bill Receives Royal Assent

Description: “Green Light” for Green Energy

The granting of Royal Assent to the Planning Bill means that the green infrastructure needed to provide the UK’s future energy needs can now go ahead. A third of the country’s electricity generation capacity must be replaced in the next few years and the old planning system was unable to cope with this need. Many low carbon projects will now receive faster planning approval.
The government will issues a document in the New Year which will detail how the new Infrastructure Planning Commission will be established. The IPC will decide whether projects will go ahead. There will also be National Policy Statements detailing national infrastructure priorities for the country in areas such as energy, aviation, road and rail transport, water and waste. Associated Link :

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   25/11/2008

Subject: Government Pledges Extra £1bn to Accelerate Key Transport Projects

Description: Improved Transport Links to Ports and Airports Planned

The Transport Secretary, Geoff Hoon, has confirmed that an extra £1 billion will be invested in major transport projects next year to stimulate the economy by accelerating Government plans to cut congestion and significantly increase rail capacity. Three transport “milestones” have been indentified. These include:
The acceleration of work to make better use of the motorways following the feasibility study into the introduction of hard shoulder running;
The commencement of work on a fast link between the A1 and M1 two years early;
£165m towards creating a new road link between Manchester Airport and the A6 to the east;
An extra £54m to enhance the long-term freight capacity of the North London rail link;
Up to £30m will be available to help improve access on the A160/A180 to Immingham Port on the River Humber. Associated Link :

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   21/11/2008

Subject: Annual Housing Starts Continue to Decline

Description: House Building Figures for September Released

The latest national statistics on house building were published on 20 November 2008.
Statistics in this release present figures on new build housing starts and completions in England. Figures for the UK and constituent countries are also available in the accompanying tables.
The latest statistics report on the period July to September 2008 and update those previously released on 21 August 2008.
Key points from the latest release are:
There were an estimated 22,200 seasonally adjusted housing starts in England in the September quarter 2008, down 33 per cent on the previous quarter and 48 per cent lower than the September quarter 2007.
Private enterprise housing starts (non-seasonally adjusted) were 55 per cent lower than the September quarter 2007. In contrast, housing starts by Registered Social Landlords (non-seasonally adjusted) have risen 20 per cent over the same period.
Annual housing starts figures for England continued to decline. They totalled 126,700 in the 12 months to September 2008, down by 26 per cent compared with the 12 months to September 2007 and 31 per cent below their 2005-06 peak.
Housing completions in England fell by 10 per cent from the previous quarter to an estimated 33,300 (seasonally adjusted) in the September quarter 2008. Compared with the September quarter 2007, completions were down by 18 per cent. Quarterly completions exceeded starts for the fourth quarter in a row.
Annual housing completions in England totalled 154,300 in the 12 months to September 2008, down by 9 per cent compared with the 12 months to September 2007. Regionally only the South East is showing a continuing increase in the number of completions.Associated Link :

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   21/11/2008

Subject: Menta Proposes Redevelopment of Croydon

Description: Plans Include Transport Interchange

Developer Menta has submitted plans to Croydon Council for a £500m residential-led, mixed-use scheme for a site next to East Croydon station. The proposals, designed by Ken Shuttleworth's Make, are based around four towers up to 45 storeys high with 1,042 homes, 500,000 sq ft of offices and retail space, and a public square. The Royal Bank of Scotland is funding the development
The project's section 106 commitments include affordable homes above Royal Mail's new sorting office on the site of Cherryfield Meat Packers Yard, and a sports facility on the rooftop.
The development of the six-acre site will be phased with the Royal Mail sorting office completed first to allow it to relocate from its existing building, which is currently on the site proposed for the office tower. The residential and commercial elements will follow.
The developer has made provisions to include a link to the station, a new station plaza and a transport interchange for whenever Network Rail confirms its plans to redevelop East Croydon station.Associated Link :

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   21/11/2008

Subject: Notification of claims

Description: Notification of Claims under FIDIC and NEC3

Pinsent Mason's latest Contractors' Legal Guidance Note discusses how the notification of claims- or mis-notification- occurs, and the rights and remedies governed by notice clauses. The article covers the relevant clauses in the FIDIC and NEC contracts. (FIDIC clause 20.1 and NEC clauses 16.1 and 63.5)
The full text of the article can be downloaded from: http://www.pinsentmasons.com/PDF/CLGNAutumnEng.pdf Associated Link :

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   21/11/2008

Subject: Treasury to Scrap Tax Relief on Brownfield Site Waste

Description: Remediation Firms Urge Rethink

Remediation companies, already struggling with the current downturn, are appealing to the government to rethink the planned abolition of tax relief on new brownfield development sites. Under the plans, from next month, companies will no longer be able to claim an exemption from tax on contaminated waste sent to landfill from new clean-up projects. Current projects will be able to continue to claim exemption, but only until 2012. The Environmental Industries Commission (EIC) said that because some materials will still be unsuitable or too expensive to treat onsite, developers will be unwilling to pay the tax.Associated Link :

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   21/11/2008

Subject: Top QS Firm Cuts Jobs

Description: Some Staff Moved to the Middle East

Davis Langdon has announced that it has axed 90 staff since September due to current market conditions. In addition, 40 people have been moved out to the Middle East. Gleeds says that it is also reviewing its offices and staffing levels and redundancies are expected.
There have also been redundancies in architectural and engineering companies, contractors and suppliers as schemes are mothballed and the competition for work becomes fiercer. Associated Link :

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   19/11/2008

Subject: Housing Corporation Publishes “Achieving Building for Life” Guidance

Description: Standards for Well Designed Developments

In 2007, the Housing Corporation adopted the Building for Life criteria as part of its Design and Quality Standards. The new Guide aims to assist affordable housing providers to understand the terminology, concepts and processes that are involved in meeting the standards’ criteria. The document contains the national standards for producing well designed developments.< br> The toolkit can be downloaded from http://www.housingcorp.gov.uk/upload/pdf/G01_20503_Building_For_Life_Toolkit.pdf Associated Link :

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   18/11/2008

Subject: Court Refuses to Enforce Adjudicator's Award

Description: Triable Issue as to Whether Contract was in Writing

Allen Wilson Joinery applied for summary judgement to enforce an adjudication award made in its favour for the sum of £12,449.70. The issue between the parties was whether their agreement was an "agreement in writing" for the purposes of s.107 of the Housing, Grants, Construction and Regeneration Act 1996. Allen Wilson had submitted a quotation detailing the work and including a price. The quotation ended:

"The final costs will be finalised when full details have been agreed and site surveys have been carried out."

The defendant main contractor resisted enforcement, arguing that there had been no contract in writing, and that Allen Wilson's work and design had been defective and late. In addition, the work had been subcontracted and a term was to be implied from their prior course of dealing that this was prohibited.

The claimant's budget quotation had been accepted by the defendant. It was a matter of interpretation as to whether this was the accepted price or a "ballpark" figure to be finalised once the final details had been agreed and the site surveys carried out. Even if the final price was still to be agreed, the parties had recorded in writing their agreement that it was to be finalised, and had, in a binding way, agreed to proceed on that basis. If a price were agreed later, then that price would be the one due. If the price were not agreed later, the implication would be that the claimant would be entitled to a reasonable price for the work and materials.
The Technology and Construction Court refused to enforce the award, arguing that there was a triable issue. The court did, however, state that the adjudicator had had no power to award interest, and, whatever the final outcome, this part of his decision would not be enforced. Associated Link :

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   12/11/2008

Subject: New Generation of Primary Schools Gets Go Ahead

Description: Funding Approved from 2009

Ministers have given the green light to Primary Capital Programme funding for primary schools from April 2009 . This is the first step toward rebuilding or refurbishing half of all primaries within 15 years with over 1500 primary school building projects to get funding. The Scheme for Construction Contracts (England and Wales) Regulations 1998 is worth £3.55bn.
Ed Balls confirmed that more than 1500 planned rebuilding and refurbishment projects in England could now start after ministers gave the go-ahead to 133 local authorities’ primary capital strategies. Another 15 local authorities will get tailored, expert advice to get their plans up to speed within three months to enable funding to be released It means that the Government will release £1.75billion of funding to local authorities for the Primary Capital Programme with local authorities investing a further £1.8billion. That’s on top of the £150m already being invested in 23 pilot local authorities in 2008-09. The Primary Capital Programme, which is investing at least £7billion to rebuild or refurbish half of all primary and primary-age special schools by 2022-23, will now start in earnest.Associated Link :

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   12/11/2008

Subject: Employer Wrongfully Repudiated Contract

Description: Contract Delays not Caused by Contractor

Orchard Construction was engaged to undertake the refurbishment of a large house and the construction of an associated swimming pool. The project was subject to delays and cost increases, mainly due to the timely supply of information from the employer’s architect and project manager and the number of changes made to the project by the employer. Frustrated by the delays which he blamed on the contractor, the employer withheld payments. This affected the contractor’s cash flow and threatened the supply of materials and labour. The relationship between the parties broke down and the employer ordered the contractor to leave the site, refusing to allow the company to take its plant and equipment. The contractor took this as repudiation of the contract, which it accepted. The claimant contractor sued for the balance of the contract sum, plus amounts for loss of profit, alleging that the defendant had agreed to pay for the contract works based on the detailed statements of accounts. The defendant contested this, arguing that the contract had been a cost plus contract. No written contract had been concluded between the parties.

The Technology and Construction Court concluded that the employer had wrongfully repudiated the contract, and that the claimant was entitled to payment of a reasonable sum, plus sums for loss of profit as the contractor had been prevented from completing the works. The contractor had not been responsible for the delays to the works. Even if there were defects in the works, the claimant had agreed to remedy them at its own expense and the employer should have allowed the contractor to do so. The employer’s counterclaim for defective work was dismissed. Associated Link :

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   11/11/2008

Subject: ASC Poll Reveals Regeneration Professionals Optimistic

Description: Economic Downturn Prompts Diversification

A poll from the Academy of Sustainable Communities (ASC) shows that three quarters of regeneration organisations in the public and private sectors are adopting diversification strategies to overcome the current economic downturn. A third have moved into new sectors, and 9 out of 10 organisations are reporting that they are not cutting back on investment in skills and training.
Two thirds of respondents felt that the recession is not yet affecting them. Associated Link :

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   11/11/2008

Subject: Communities and Local Government Releases Latest House Price Index

Description: House Prices 5.1% Lower than September 2007

The latest statistics release includes data based on mortgage completions during the month of September 2008.
The main points of the release are:
UK house prices were 5.1 per cent lower than in September 2007
The mix-adjusted average house price in the UK stood at £208,583 in September 2008 (not seasonally adjusted)
UK house prices fell by 3.0 per cent in the quarter ending September 2008. This compares with a fall of 1.0 per cent for the quarter ending June 2008
Annual average house prices fell in England (-5.1 per cent), Wales (-5.2 per cent), Scotland (-0.8 per cent) and Northern Ireland (-15.8 per cent)
Annual average house prices paid by first time buyers in September 2008 were 7.8 per cent lower than a year ago. By comparison average house prices paid by former owner occupiers were 4.0 per cent lower.
The full release may be downloaded from: http://www.communities.gov.uk/publications/corporate/statistics/hpi092008Associated Link :

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   10/11/2008

Subject: Government Pledges £100m to Councils to Unlock their Housing Market

Description: 2008-09 Housing and Planning Delivery Grant Will Give Additional Funding

Housing Minister, Margaret Beckett has announced that councils will receive over £100m to assist in maintaining the number of first time buyer and family houses which are desperately needed. For the first time, the Housing and Planning Delivery Grant will provide additional funding to help councils support the delivery of more homes in the current financial market.
In order to be eligible for the grant, councils must demonstrate that they are continuing to provide suitable land for development, that they are providing the local plans needed to deliver the homes, and are undertaking a strategic assessment of their housing market.Associated Link :

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   6/11/2008

Subject: CIArb Publishes E-Disclosure Protocol

Description: Addresses Potential Time and Costs Issues

The Chartered Institute of Arbitrators has launched a "Protocol for E-Disclosure in Arbitration", which is intended for use in arbitrations where the time and costs of electronic disclosure may be an issue, and to act as a prompt to arbitrators, counsel and the parties to engage constructively with the practicalities of e-disclosure in such cases.
The Protocol can be downloaded from http://www.arbitrators.org/institute/CIArb_e-protocol_b.pdfAssociated Link :

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   6/11/2008

Subject: Al-Futtaim Carillion Boosts Forecast to AED 6bn After Mega Contracts Win

Description: On Track to Double Revenues in the Middle East and North Afrfica

Carillion, which operates through joint venture Al-Futtaim Carillion in the UAE, revealed today that it is on track to double revenues from its businesses in the GCC and North Africa to a run rate of more than AED 6 billion by the end of 2009. Earlier today the group began its two-day showcase of its UAE operations to a select gathering of leading international analysts and investors in Dubai. The presentation moves to Abu Dhabi tomorrow. The two-day briefing follows Wednesday's visit to the UAE by the Right Honourable Gordon Brown, the UK Prime Minister, and Lord Mandelson, the UK's Secretary of State for Business, Enterprise and Regulatory Reform. The UK Prime Minister and Business Secretary were accompanied by a number of senior UK businesses leaders, including Carillion Chief Executive, John McDonough. Following the visit it was announced that Al-Futtaim Carillion had been selected for contracts for AED 3.6 billion of major construction work in Dubai and Abu Dhabi. In Abu Dhabi, Al Futtaim Carillion signed a Heads of Terms agreement for an AED 3 billion long-term contract to build the Al Muneera phase of Aldar's AED 60 billion Al Raha Beach development. The contract is due for completion in April 2011 and will involve the provision of a 14-storey office building, eight 14-storey apartment buildings, 148 townhouses and 11 luxury villas facing the development's canal and waterfront. This is Al-Futtaim Carillion's second major project for Aldar in Abu Dhabi, having been awarded an AED 1.5 billion contract for the Race Track Hotel on Yas Island in June of this year. In Dubai, Al-Futtaim Carillion has been selected by the German Business Park FZCO to deliver its German Business Park project, which is expected to be worth more than AED 600 million and completed in less than two years. Lord Mandelson said: "The UK and the Gulf have a long-established business relationship. In the current climate it is even more important than ever that we seize every opportunity for long-term economic growth. Al-Futtaim Carillion is already a leading contractor in the Gulf. These two agreements representing £600 million [AED 3.6 billion] of business will make an important contribution to the economies of both the UK and the UAE." Mr. McDonough added: "Over the past 35 years, Al-Futtaim Carillion has established a strong reputation for delivering high quality projects for Government and blue-chip customers. Our selection for these prestigious projects further enhances that reputation." "We look forward to working closely with Aldar and the German Business Park FZCO to deliver these projects and to developing strong, long-term relationships to support delivery of their future investment plans, including the substantial development programme that Aldar has in Abu Dhabi over the next 10 years." "Our order book and pipeline of probable new orders in the Middle East remains strong and we are firmly on track to achieve our previously announced objective of broadly doubling the sales revenue of our joint venture businesses in the region to an annual run rate of over AED 6 billion by the end of 2009, of which Cari