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Alway Associates

Quarterly Email Bulletin – May 2005

Welcome to the Alway Associates news bulletin. This quarterly newsletter is intended to keep you up to date with matters relating to contracts and commercial issues within the construction industry.

Current New

  • On the 31st March the TPC2005 contract was published. This contract is aimed primarily at term contracts for maintenance/improvement of housing stock but can also be used for other maintenance type contracts. For more details contact Kevin Mckee at our Banbury office.
  • The new JCT standard forms of contract are being issued from May 2005 onwards. More information on the contracts and company seminars will follow shortly. If you would like us to keep you up to date on this email us by clicking here and sending us your request.
  • The NECECC 3rd Edition is due out in June 2005. Key changes include
    • method statements with programmes,
    • extensions to defects correction period,
    • additional compensation event,
    • compensation events time bars,
    • time limits to address project managers failures to respond,
    • a choice of adjudication procedures,
    • clarification for option D,
    • a schedule of cost components and
    • a risk register.

For more information contact Michael Rowlinson at our Banbury office or click here to view his recent article.

  • The dti and Welsh Assembly has produced a consultative document on proposed amendments to Part II of the Housing Grants Construction and Regeneration Act 1996 and the Scheme for Construction Contracts ( England and Wales) Regulations 1998. For information regarding amendments and the current wording of the Act and the Scheme contact Robert Shawyer at our Cardiff Office or Michael Rowlinson at our Banbury office, who recently gave a paper on the possible changes to a RICS CPD conference.
  • In 2004 ICE reviewed its dispute resolution procedure so as to provide a party with the right to refer a dispute to adjudication at any time, even if the matter has not been referred to the Engineer. This amendment now brings the ICE procedure into compliance with the requirements of the Housing Grants Construction and Regeneration Act (1996). Additionally, the ICE Dispute Resolution Board Framework was published in April 2005. For more details contact Richard Silver at our London office.

 

Forthcoming Events / Seminars

Alway Associates hold regular events around the country. The following are the next event coming up and links to book your place:

Free of charge breakfast seminars:

  • Extensions of Time. Cardiff - 6th June. For more information, or to book your place, email our Cardiff office.
  • New additions & changes to standard forms of contracts - an update of key revisions. Sheffield – 7th June (BrunswickIS Seminar), Solihull – 22nd June and West Bromwich 7th July. For more information, or to book your place, email our Banbury office.
  • Design Liabilities and Professional Negligence. (A seminar in conjunction with Shemmings LLP). London - 28th June. For more information, or to book your place, email our London office.

Other topical seminars:

  • Problems with Letters of Intent and issues regarding Practical Completion seem to persist in the construction industry. Robert Shawyer has put together some interesting and productive morning seminars on these topics. For more information email Robert Shawyer.
  • The problem with collateral warranties may be complex. Indeed not only should you consider if the appropriate form and amendments should be used but further the effect on your ability to rely upon your insurance. Moreover in many instances there is no contractual obligation to provide a warranty. On the matter of warranties and Parent Company Guarantees our Cardiff office regularly advise clients and arising from that experience have put together a breakfast seminar.

As an Employer, Contractor, Sub-Contractor or Consultant you may not wish to miss their experience and commentary. For more information e-mail Robert Shawyer

Recent Articles

For more in depth information on topics related to the industry we regularly post new articles on our website. Article recently posted have included:

  • Reform of the Housing Grants, Construction and Regeneration Act
  • Court of Appeal warns of failure to mediate.
  • William Verry (Glazing Systems) v Furlong Homes Ltd
  • NECECC 3rd Edition – The Expected key changes.
  • Adjudication “At any time”
  • Commencing adjudication proceedings
  • Adjudicators acting inquisitorially
  • Building defects and contractors liabilities

To read these and other articles click here.

Company News

  • Alway Associates makes further investment in the BrunswickIS division with the redesign of our website www.brunswickis.co.uk highlighting the range of project and commercial management services on offer.
  • Alway Associates start a free helpline to offering initial advice over the telephone. This has been set up in conjunction with our BrunswickIS division, Bezzant Ltd and Shemmings Solicitors LLP. For more details click here.
  • On a number of occasions Alway Associates have worked closely with the solicitors practice Shemmings LLP. Shemmings also circulate a bi-monthly legal update focusing on current issues relating to Construction, Commercial, Property and Environmental Law. If you would like to see this newsletter click here.

Alway Associates:

Construction Law, Contracts & Commercial Consultants www.alway-associates.co.uk

BrunswickIS

Project & Commercial Management Services www.brunswickis.co.uk

We have no wish to disturb you unnecessarily. If you do not wish to receive email updates please reply to unsubscribe@alway-associates.co.uk