We now know what the short-term holds for public procurement at the end of the Brexit transitional period.
Social housing providers will routinely have a number of construction projects underway at any one time. Whether building new properties or undertaking gas servicing, responsive repairs, aids and adaptations or planned preventative maintenance, it is essential for client teams to understand and avoid key contract management pitfalls.
Unfortunately, disputes are a common occurrence on construction projects and it can require significant time and money to address disputes with contractors or consultants, as well as complaints from residents or the wider public. At a time of increasingly strained budgets, those unexpected costs can be difficult to absorb and will obviously be unwelcome.
In our experience, many disputes can be avoided if client teams are aware of key contract management pitfalls and ensure their effective navigation through training and support. We have found that many disputes arise through misunderstandings and ambiguity around how the parties apply the contract terms to manage the contract effectively. The good news for those looking to deliver construction projects is that you can manage problems by learning how to avoid a number of pitfalls, such as:
- Administering payment mechanisms effectively and consistently;
- Issuing change instructions that capture the full details of the change in a clear and fully detailed manner;
- Ensuring that any variations to the contractual terms are set out in clear terms and in writing; and
- Administering final account mechanisms effectively and consistently.
Whilst no two disputes are identical, our experience shows that addressing these potential contract management pitfalls can help to mitigate the risk of disputes and can also place clients on a sound footing to resolve disputes when they do arise.
Introducing our contract management training programme
This ebriefing marks the start of a series, where each month we will focus in detail on a specific contract management pitfall.
In the meantime, many of you will be aware that we regularly deliver contract management and dispute resolution training sessions. If you have any questions regarding the issues raised in this ebriefing or would like to find out more about our bespoke client training programme, please contact Kieran Binnie or Andrew Lancaster.
Daniel Brewer from Resonance talks about his journey into investing in enterprise with a social purpose, and discusses what the landscape looks like for social businesses post Covid-19.
On 1 December 2020 the Court of Appeal handed down judgment in Pimlett v Curo Places Limited EWCA Civ 1621 where prior judgments in the First-tier Tribunal and the Upper Tribunal were overturned.
For part 3 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Madhur Sharma on how she has been coping during these unprecedented times.
On 26 November 2020 further changes to the 'Building Regulations: Fire safety - Approved Document B' will take effect.
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
As the end of 2020 beckons, we take a look at what progress the Sterling market has made in its preparations for the end of the London Interbank Offered Rate (LIBOR) on 31 December 2021.
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
For part 2 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Lisa Whitehouse on how she has been coping during these unprecedented times.
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