Adequate evidence of adequate procedures: Bribery Act 2010
(Nearly) Always Pay Up if there is no Pay Less Notice
No one would like to admit they don’t do all that is required of them when acting as Contract Administrator. Unfortunately slip ups happen and when they do, they can sometimes have quite an unexpected and (on occasions) very expensive result particularly in respect of Payment Notices.
Are You Being Served?
Michael Appleby of BLM LLP explains what members should do if they have the misfortune to receive a court claim form.
BIM - the guidance you have been waiting for is (almost) here
The BIM design paradigm
Karol Mac Gairbheith MCIAT has used Building Information Modelling (BIM) systems for the last ten years. In this article he explains the development and benefits of BIM in architectural practice.
The Biophilic Office
Would nature-inspired offices make workers more productive? BRE explains more about this exciting project, which CIAT is delighted to be a partner of.
A brave new world - Legal update Bribery Act special
The Bribery Act 2010, which will come into force early next year, promises to shake up the murky side of business both in this country and all over the world where people and corporate entities connected with the UK trade. But how will your clients avoid prosecution and the consequential damage to reputational and financial well being? How will companies do business in countries when "facilitation payments" and lavish entertaining are an integral part of business life?
Building Regulations - Approved Documents
2013 sees several sets of changes to the Building Regulations in England. The first set, coming into force on 6 April, is intended to reduce the burden of regulation on the construction industry, and includes changes to Parts B, K, M and P. A further change takes place on 1 July 2013 when the European Construction Products Regulations 2011 come into force and the guidance to Regulation 7 will be aligned with them. This article addresses the April and July changes.
CDM and domestic projects
CDM Regulations 2015 (UK only) update
Following a number of reports and the consultation on the CDM 2007 Regulations, the draft CDM 2015 Regulations have been published. The following article from the Health & Safety Executive (HSE) helps explain the intention behind the Regulations.
CIAT and BIM Level 2
The customer is always right?
An overview of alternative forms of dispute resolution by Paul Greenwood MCIAT.
CML Certificate guidance notes
Should I accept an instruction to provide a ‘Final Inspection’ only?
Construction Contracts Act 2013
The Construction Contracts Act 2013 (the “Act”) was enacted on the 29 July 2013. The Act will come into effect and apply to relevant contracts (as discussed below) on a date yet to be fixed.
Contract Killers 1 (Contract clauses)
When was the last time you prepared a standard form of contract for signature by the parties? Maybe not that long ago. So when was the last time you read the clauses in the contract before you sent it to the contractor and client for signature?
Contract Killers 2 (Contract clauses)
Contract Killers 3 (extension of time)
Andrew Mcleod of solicitors Robin Simon LLP looks at how to deal with contractors' claims for extension of time, in the third in an occasional series on contract administration.
Contract Killers 4 (Practical completion)
Guidance on practical completion.
The Corporate Manslaughter and Corporate Homicide Act 2007
In 1997 the newly elected Labour government made a manifesto promise to introduce legislation to reform the law of corporate manslaughter. In July 2007 it finally delivered on that promise and the Corporate Manslaughter and Corporate Homicide Act received the Royal Assent on 26 July 2007. The legislation commenced on the 6 April 2008.
Do you want to try the hot tub?
If you are a member who either undertakes expert witness work or are considering undertaking such work, then you may be interested to hear about possible developments which may affect the way in which you give evidence in court in the future.
Embracing and developing BIM
As the Chartered Institute of Architectural Technologists celebrates its 50th anniversary, Graham Paterson MCIAT and Tahar Kouider MCIAT summarise how the organisation is embracing and developing BIM…
Expert Witness immunity abolished
The Supreme Court has today delivered a landmark decision in the case of Jones v Kaney, effectively abolishing the immunity previously afforded to expert witnesses from claims for negligence arising out of evidence prepared for the purposes of, and in connection with, legal proceedings.
Frustration of contract
When frustration occurs, this automatically discharges the contract so that the parties are no longer bound to perform their obligations. The significance of automatic discharge is that it happens independently of the choice or election of either party.
Guidance to the General Data Protection Regulations (GDPR)
With the General Data Protection Regulation (GDPR) coming into effect on 25 May 2018, companies must start pushing through necessary changes early to achieve compliance in time for its arrival, according to Paula Tighe, Information Governance Director at leading law firm Wright Hassall.
Implications of breaching Planning conditions – Members beware
The Institute’s Taskforces consider trends and common issues in the industry where members’ awareness may need to be raised. This is to assist in avoiding situations that could lead to client dissatisfaction and even claims of negligence and loss. This guidance note is intended to draw attention to their obligations relating to planning conditions.
Keeping your mind on the job
Addressing issues of mental health within the built environment
Lest Ye Be Judged
The huge rise in out-of-court settlements in construction means that adjudication will affect you, writes Paul Greenwood MCIAT.
New homes: New challenges Professional Consultants’ Certificates
It is vitally important for construction professionals to manage the scope of their retainers and the extent of their potential liability.
Neil J Dransfield PPBIAT MCIAT examines the circumstances of serving a Party Wall notice…
Party Wall case study
A cautionary tale: case studies under The Party Wall etc. Act 1996.
Project Bank Accounts: an overview
Project Bank Accounts (PBA’s) were introduced to alleviate the problem of poor payment practices within the construction industry, following a review by the Government of the UK Construction Industry. PBA’s are ring-fenced bank accounts from which payments are made directly and simultaneously by a client to members of the supply chain.
Recent changes to Civil Procedure Rules (CPR) – England and Wales (Summary)
Recent changes to Civil Procedure Rules (CPR) – England and Wales (Full version)
At the end of 2014 various changes were made to the Civil Procedure Rules (CPR). The Protocol for the instruction of experts to give evidence in Civil Claims, which was annexed to PD 35, has been removed. It has been replaced by “Guidance for the instruction of experts in civil claims” produced by the Civil Justice Council. This guidance document contains largely the same technical content as the Protocol.
Recovering unpaid fees
Recovering unpaid fees can be a costly exercise both in time and legal costs if a sensible approach is not adopted from the outset. This article looks at the steps that should be followed to give you the best chance of recovering your fees as well as options of enforcement if an agreement with a party cannot be reached.
Regulations spotlight: Essential understanding Part B Fire Safety
Fire safety is a complex area. Many of us rely on Approved Document B as the starting point and rightly so. However there are several important and related documents that need to be consulted.
Reminder re: Expert Witnesses
Members who practise as expert witnesses will no doubt be aware that the courts are becoming increasingly willing to criticise experts in their judgements, in some cases very severely, where they fall short of what is expected of them. Such cases are often given much publicity in the various trade press, which can affect their reputation.
Rights to light in Republic of Ireland
The Royal Charter: Guidelines for Members
Small claims telephone mediation service
One of the more cost-effective ways of pursuing a claim through the courts is through the small claims court - for claims up to a maximum of £10,000. However if the case is within this limit, but is not straightforward, then a judge may order that the case is dealt with through the full county court.
All of us have heard of sprinklers but are you aware professionally of the gains they offer in architectural design freedom? Did you know that sprinklers can save your client money? The Business Sprinkler Alliance, BSA, was set up to inform the business and construction sectors of the benefits of sprinklers, so that business owners and building designers can make informed decisions about their use.
What BIM really is... and isn't
With friends like these...
As a professional, a simple fact of life is that, at some point, one of your friends is likely to ask for your advice or assistance with something that falls within your area of expertise. It happens to us all at some point, but the real question is how should you deal with it?