The Next Generation: A Brief Guide to the JCT DB 2024
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On 17 April 2024 the Joint Contracts Tribunal (JCT) has published its new Design and Build 2024 and Design and Build Sub-contract 2024 standard forms of contract. These are the first in the long-awaited JCT 2024 suite of contracts which are also expected to include a new JCT Target Cost
Image ID: 2HK6HRY - Mission Impossible? A Brief Guide to NEC Programmes
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Author: Eugene Lenehan May 2023 INTRODUCTION It is thirty years since the NEC was first launched, and I have still not found a programme that complies with the contract requirements! NEC-compliant programmes, if they exist, are far more than just a bar chart, they amount to a collection of documents,
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“I always tell the truth, even when I lie” A Brief Guide to Delay Analysis Techniques Author: Eugene Lenehan January 2023 INTRODUCTION Most delay analysis exercises are a blend of facts and fantasy. The most frequent cause of construction claims relates to project delay. Identifying the causes of delay usually
Cautiously Pessimistic: A Brief Guide to Fluctuation Clauses
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Author: Eugene Lenehan June 2022 Introduction It is usual for clients to insist on a fixed price contract, whereby the contractor takes the risk of all changes in the cost of the works due to statutory revisions and market price fluctuations. However, after decades of price stability and the ability
Take Notice! - A Brief Guide to NEC Contract Notices
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Take Notice! A Brief Guide to NEC Contract Notices Author: Eugene Lenehan May 2022 This Guide identifies the numerous types of notice to be issued under the NEC4 Engineering and Construction Contract (“ECC”). Notices have to be issued by the Client, Contractor, Project Manager and Supervisor. This Guide also focuses
A Brief Guide to Variations
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Author: Eugene Lenehan April 2022 Introduction Given the competitive nature of the construction industry, with contractors regularly winning jobs on very tight margins, they frequently rely on variations to increase their profit margin. It is extremely rare for any construction project to be completed entirely in accordance with the original
What have the Romans ever done for us?
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A Brief Guide to the Influence of Latin on English Law Author: Eugene Lenehan March 2022 Introduction Younger readers might not recognise the famous line from Monty Python’s ‘Life of Brian’. It is probably the most quoted line from this classic British comedy, made in 1979. Brian, an ordinary man from Nazareth,
Fussed about Trust? - A Brief Guide to Good Faith and NEC Clause 10
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Fussed about Trust? A Brief Guide to Good Faith and NEC Clause 10 Author: Eugene Lenehan February 2022 Introduction The relationship among members of a construction project team is as important as it is unpredictable, with every stage of a project providing abundant opportunity for misunderstanding and frustration. Studies have found
The Good, the Bad and the Ugly: A Brief Guide to Z Clauses
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Author: Eugene Lenehan September 2021 Introduction NEC Option Z is called “Additional conditions of contract”. However, ‘Z clauses’ (as they have become known) are understood to be any bespoke amendments to an NEC contract, whether they add to, or alter, the standard NEC conditions. We believe Z clauses are used
Playing with Fire! – A Brief Guide to Letters of Intent
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A Brief Guide to Letters of Intent Author: Eugene Lenehan September 2021 Introduction Using letters of intent to start construction works is akin to playing with fire! In fact, it is rare for a year to pass by without there being at least one court case involving a letter of
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