EPC Associates Ltd’s Post

My second article for the RICS Construction Journal. Hopefully a succinct QS summary of the position and some practical points.

Recent court ruling impacts loss and expense claims in construction contracts. In FES Limited v HFD Construction Group Limited, the Outer House clarified that timely notification of claims for loss and expense is a condition precedent to entitlement under the SBCC Standard Building Contract (2016 Edition). The decision underscores the importance of proper contract administration and demonstrates that a failure to fully comply with notice requirements could jeopardise contractors' entitlements. Kieran Thrall and Kate Ross detail the case and its industry implications in their latest article: https://ow.ly/7U6p50RgKSE #ConstructionLaw #ContractAdministration #LossandExpense

Our Project Director from our UK contract services team, Mark Pountney, recently spoke to the RICS Construction Journal about the principles and definition of ‘practical completion’ in construction terms. Read the article: https://bit.ly/3UalRXl Mark says: “Practical completion comes in various shades. As there is no common definition of the term you need to consider the specific wording in your contract and the principles from wider case law.” When seeking or awarding completion on a built project, consider: ✅Checking your contract ✅Ensuring any required documentation is provided ✅Checking statutory or contractual requirements that are relevant to completion ✅Checking who has the authority to review quality under the contract ✅Checking that any defects or snagging lists are being issued by the correct person ✅What the insurance obligations are and whether they finish at practical completion ✅Keeping a paper trail documenting acceptance of possession, partial possession or agreement for early access. #ConstructionUK #contractservices #practicalcompletion

Keeping up with one of the major topics of 2024 in the construction industry! #BuildingSafetyAct2022 #BSA #NBS

The Ontario Construction Act (the "Act") introduced the prompt payment rules in October 2019. These rules apply to most construction contracts in Ontario, including contracts for both public and private projects. One of the goals of the prompt payment rules is to ensure payments are made in a timelier manner to contractors and subcontractors. Failure to comply with the rules can result in serious consequences including failing to have the rules properly engaged (and thus failing to reap the benefit of the rules) and creating exposure to downstream payment claims from subcontractors, including through adjudication. WeirFoulds LLP  . . . . . . . . . #RMGContractInteriors #ConstructionManagement #ProjectPlanning #ConstructionAdvice #EfficientContracting #BuildingMastery #BuildItRight #ProBuilderTips #ConstructionInsights #ExpertConstruction #RenovationSuccess #OnSiteGuidance #BuildingStrategies #ConstructionMastery #SmartConstruction #ContractorSkills #SiteSuccessTips #ConstructionEfficiency #BuildWithPrecision #ProjectExecution

CCNZ ran a members only webinar on the updates to New Zealand's standard 3910 construction contracts, including review panelist and Dentons New Zealand Partner Paul Buetow, and Dentons Partner Stuart Robertson. This two hour session gives an overview of what's changed, and how contractors can manage potential issues from the new contract. This webinar is available for CCNZ members to view on the members login section of the CCNZ website at: https://lnkd.in/gThEM3M7 Trouble logging in? Email Membership@civilcontractors.co.nz. #ConstructionContracts #CivilContractors #CCNZ #CivilConstruction #ConstructionLaw

Ready to go again with Construction Industry Federation (CIF) on the payment process under the Construction Contracts Act 2013. We are 8 years post act commencement and the number of contractors that are unaware of the legislation appears as big as ever. #knowledgeispower #quantitysurveyor #quantitysurveying

RICS Commercial Management of Construction, 1st edition Manual

In this fascinating clip from 1994, world renowned construction claims expert Mr Roger Knowles talks about the then recent Balfour Beatty v Chestermount Properties case which as we all know established the net/dotting-on method of measuring extension of time in situation where (at least on JCT contracts) an employer delay occurs after the existing completion date had past, or as it was put then "during a period of culpable delay". Perhaps of particular interest is that right at the end of the segment, Mr Knowles appears to suggest that the vast majority of claims submitted over (then) recent years have been on the basis rejected by the court in the Chestermount case, i.e. starting the extension of time from the date of the instruction. It seems apparent that this judgement was likely quite revolutionary in claims practice in the UK. Of even more interest, as pointed out by Dean Sayers MSc, Dip ICArb, Dip Adj, FCIArb (and which I'd missed), in Roger's example there would likely be no extension at all today, because it seems clear that the work wasn't on the 'critical path'. EOT entitlement being restricted to events on the "critical path" was introduced some years after this seminar (see my papers on the history of extension of time!). From "Construction Claims Their preparation, appraisal, negotiation, settlement" by Mr Roger Knowles 1994   NB: This recording is over 30 years old and some of it may no longer be applicable/accurate. In any case it is not intended that it should be relied upon and it should not be relied upon.

The Housing Agency has published a guidance document ‘Guide for use of PW-CF2 Public Works Contract for Building Works Designed by the Contractor.’ The purpose of this guide is to inform those working with or advising Local Authorities and AHBs of the procurement options available within the Capital Works Management Framework (CWMF) for enabling Design and Build contracts to facilitate the use of Modern Methods of Construction (MMC) in construction. To read the document in full please visit this link: https://lnkd.in/euXKdMYv