Articles from the Silver Shemmings Ash Team on contractual matters, recent case law changes and items of interest in the construction and property world
January 13, 2020 | Silver Shemmings
So, What Exactly Is In The JCT Constructing Excellence Contract?
The contracts were drafted to underpin collaborative working and are intended to:
These are achieved through:
Key Aspects Of Collaborative Working
So, to make it work there needs to be agreement to the overriding principle.
Robust Contractual Provisions
So Will It Prevent….
Risk Management: The Good, the Bad and the Ugly
The fund manager for a large commercial project recognised that the project he had invested in was not progressing at it should. The project was being reported as 8 to 10 weeks behind programme and he had not seen any improvement in the situation. He asked for a brief review of the project to be undertaken by a construction consultancy organisation.
The consultant attended the next project meeting, which was also attended by the contractor and the project professional team. As part of the meeting, the contractor’s monthly report was reviewed, including the contractor’s project risk register.
The consultant noticed that the register consisted of only two risks, both of which related to planning issues and were assigned to the ownership of the developer.
The consultant expressed his surprise that a project, which was in 8 to 10 ten weeks delay and was continuing to slip, had only 2 only risks in the register. The contractor’s project manager retorted “am I expected to list everything that might go wrong in the project risk register?”
The project was eventually delivered 15 weeks late and the contractor made a large penalty payment to the customer.
The project review that was undertaken by the consultancy organisation concluded that the principal reasons for the late delivery were poor communication by the contractor, lack of resources and late delivery of materials. These incidents were managed on a reactionary basis with no contingency planning having taken place.
The use of effective risk management on this project would have identified most of the incidents and enabled contingency plans or alternative procurement strategies to be developed, greatly reducing the project overruns.
Criticisms: and there are many – one commentator saying that it is like: “Your granny turning up to your next party sporting an eyebrow piercing, dreadlocks and a spliff”
Authored by Jon Sharp, Consultant Solicitor
Jon has practiced in the City for close to 30 years and has a wealth of experience in the insurance industry and has a number of reported cases that demonstrate his abilities as a leader in the areas of dispute resolution, insurance, marine, aviation, general commercial matters and social media. Jonathan regularly presents seminars and lectures to the public insurer’s banks and other lawyers, on a range of topics, including social media.
He has also conducted a number of Arbitrations, before both the LMAA and ICC and dealt with boundary disputes, defended planning applications, and property transfers after matrimonial issues. Jon can be contacted by telephone at 0207 167 6602, or through email via firstname.lastname@example.org.
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