Associate in the construction team
In IT, I advise on agreements for software, hardware and support and maintenance and outsourcing arrangements (whether on own servers or on a hosted or cloud basis). In construction, I advise on development agreements, standard forms of construction contract, consultancy agreements and collateral warranties. I also advise on procurement strategy and compliance of tender procedures and documentation with the EU procurement regime.
With regards to IT, I've looked after contracts to participate in the 'Rental Exchange' initiated by the Big Issue Foundation; on short version terms and conditions for software on a subscription or "as a service" basis; competitive dialogue Official Journal of the European Union (OJEU) procedure for a repairs team management system; and contracts for clients to replace the current ICT infrastructure provision with a hosting or outsourcing arrangement.
In construction, I've worked on a a lease/leaseback arrangement for a 21 year arrangement for housing management and repairs and maintenance services to the landlord funding and constructing the homes; four charities on appointments for building contractors, and architects and engineers using modified standard forms; a local authority on development of six sites; and a client on a bespoke construction contract with a private sector developer on a Section 16 agreement/golden brick arrangement.
The Society for Computers and Law (SCL) has introduced an Adjudication Scheme for IT Projects and Services.
The 2015 Regulations have more to say about subcontracting, in particular by: requiring purchasers to obtain and record more about the subcontractors used by a successful contractor to whom they award a contract; and a requirement on contracting authorities to pay any undisputed amounts to contractors within 30 days and to ensure this applies down through the supply chain.
The CDM 2015 will apply to construction projects starting after 6 April 2015. For projects that have already started at this date, there are transitional arrangements which we summarise below.
The 2015 Regulations introduce a new definition of ‘procurement documents’ which replaces and extends a similar term in the previous 2006 Regulations.
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