Ramskill Martin

Ramskill Martin In Business Since 2002

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Problems with Acceleration Claims

Date posted: 18 September 2013 BACKGROUND TO ACCELERATION Perhaps one of the most difficult issues to resolve when a Construction Contract over runs or threatens to is, what do you do about it? Most Contracts traditionally say a Party should notify the other Party (be that the Employer, Main Contractor or Sub-Contractor) and then wait to see if an Extension of Time is granted. The award of an Extension of Time provides protection [...]

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Extension of Time Claims – Best Practice

Date posted: 12 September 2013 ENSURE YOU NOTIFY DELAY STRICTLY IN ACCORDANCE WITH THE CONTRACT MECHANISM To successfully claim an Extension of Time there are a number of things we would suggest you should do. Some because they make sense practically and some because you are required to do so in order to ensure your claim can succeed. Most standard and bespoke forms of Main Contract and Sub-Contract which contain Extension of Time [...]

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POTENTIAL PROBLEMS WITH PURSUING EXAGGERATED CLAIMS IN CONSTRUCTION

Date posted: 5 September 2013 This Article concerns the potential problems in Contracting Parties pursuing exaggerated claims We are fairly certain that Contracting Parties are all experiencing the increased commercial pressure imposed upon them in the construction and engineering sectors. Many of the financial pressures are caused by: The general impact and state of the economy. Kamikaze tendering and pricing. Insolvency of one of the Parties. Late payments impacting upon cash flow. Commercial [...]

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5 CASES THAT AFFECT YOUR BUSINESS (Part two)

Date posted: 24 October 2012 You will recall that in our first article ‘5 Cases That Affect Your Business (Part one)’ we look at the issues of ‘Agreement and Contract Formation – Battle of the Forms’ and ‘Extension of Time’. In part two we review ‘Monetary Claims’, ‘Settlement Agreements’ and ‘Surviving Dispute Resolution’. MONETARY CLAIMS When talking about monetary claims we usually mean claims for prolongation or disruption and such claims typically include [...]

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ADJUDICATION (Part Two)

Date posted: 17 October 2012 Introduction This article is the second part to that which was posted on 27 September 2012. All of the issues raised in (part one) and (part two) will be dealt with and answered at Ramskill Martin’s Annual Seminar to be held on 22 November 2012 at Pride Park, Derby. Please refer to ‘Training and Seminars’ on Ramskill Martin’s website. CHECK THE RULES OF NOMINATION AND ADJUDICATION Recently our [...]

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5 CASES THAT AFFECT YOUR BUSINESS (Part One)

Date posted: 4 October 2012 This is the first article concerning the five cases that affect your business dealing with ‘Agreement and Contract Formation – Battle of the Forms’ and ‘Extension of Time’. We are sure that it will be universally accepted by construction companies that a good working knowledge of construction law and how it practically affects your day to day business is a useful and some would say an essential part [...]

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ADJUDICATION (Part One)

Date posted: 27 September 2012 ALWAYS CHECK WHO THE PARTIES ARE IN THE CONTRACT In a recent adjudication our client served a notice of adjudication to the company it had been dealing with on a day to day basis throughout the contract. It transpired that the contract was actually with a holding company, who chose to completely ignore the notice. Our client had started progressing the adjudication as if the other party was [...]

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7 Secrets To Successfully Quoting Compensation Events Under The NEC Forms Of Contract (Part Two)

Date posted: 19th September 2012 RISKS – COST AND TIME RISK ALLOWANCES Because NEC quotations for both cost and time ought to be prospective there is a real danger from the Contractor’s perspective of quoting a figure lower than what may become the actual cost or time. Under NEC there is no mechanism for reviewing a compensation event after the event, you get one shot at estimating the correct figure. That said the [...]

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7 Secrets To Successfully Quoting Compensation Events Under The NEC Forms Of Contract (Part One)

Date posted: 5 September 2012 From experience our clients have few problems identifying change but do struggle to understand the different approach taken by NEC to other forms of contract for dealing with those changes. Our Free seminar on 22 November 2012 will address the issues set out below (and more) from both the Subcontractor’s and the Main Contractor’s perspectives. For the purposes of this commentary the parties are considered to be the [...]

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PART TWO – 5 TRAPS FOR THE UNWARY ON JCT CONTRACTS

Date posted: 29 August 2012 REQUIREMENTS AND PROPOSALS – WHO TAKES THE RISK OF DISCREPANCIES We are all familiar with the diffiuclties in ensuring that the Contract Documents reflect what we think we have agreed with the other Contracting Party and the reoccuring debate about priorty of documents. JCT Design and Build Contract has its own characteristics in respect of any discrepancies that are identified between the Employer’s Requirements and the Contractor’s Proposals [...]

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PART ONE – 5 TRAPS FOR THE UNWARY ON JCT CONTRACTS

Date Posted: 9 August 2012. THE CONTRACTOR’S PROGRAMME ON JCT CONTRACTS The JCT standard form of contract 2011 requires at clause 2.9 that the Contractor provides a Master Programme. The contract does not specify any particular requirments for the programme and there are no sanctions (similar to that in NEC3) in the event that the Contractor does not provide it in the specified timescale (as soon as possible after the execution of the [...]

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PAY LESS NOTICES – THE SECOND BITE

Date Posted: 14 February 2012 The New Construction Act The Local Democracy, Economic Development and Construction Act 2009 came into force on 1 October 2011. The Act modifies some sections of the ‘old’ Housing Grants and Construction Regeneration Act 1996. The modified 1996 Act is often referred to as the New Construction Act. Amongst other significant changes the new act addresses some of the issues that have been experienced in respect to payment. [...]

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THE COLD WAR: WINTER WORKING

Date Posted: 07 December 2011 What is winter working? Winter working is often used to describe the effects when delays cause a project to be pushed from summer months into winter months. If the winter weather encountered is worse and the working conditions are more difficult than those in the summer months, when the project was planned to be carried out, then it is likely that the knock on effect will be to [...]

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THE COLD WAR: JCT AND ADVERSE WEATHER CONDITIONS

Date Posted: 02 December 2011 ramskill martin’s previous article “The Cold War: NEC and Adverse Weather Conditions” explained the NEC’s strict contractual rules for assessing when adverse weather is a Compensation Event. The article explained the 2 stage process: Calculating if there is a Compensation Event. Assessing the Compensation Event. This article will explain the equivalent steps in JCT contracts and describes how an assessment under the JCT contracts is much more subjective. [...]

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THE COLD WAR: NEC3 AND ADVERSE WEATHER CONDITIONS

Date Posted: 25 November 2011   December 2010 was the coldest December in 100 years. ramskill martin issued its article “Delays Caused by Adverse Weather Conditions” by way of its email dated 13 December 2010 titled “SNOW PATROL – CONTRACTUAL NOTICES”. This article provides an update which focuses on the NEC3 suite of contracts. Standard forms of contract apportion the risk of bad weather in very different ways. In GC Works contracts weather [...]

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JCT 2011 & THE NEW CONSTRUCTION ACT – Part 2

JCT 2011 This is the second part of our review of the JCT 2011 suite of contracts dealing with the changes made to reflect the amendments to The Housing Grants Construction and Regeneration Act 1996 brought about by the Local Democracy Economic Development and Construction Act 2009. In this article we have considered the Design and Build form of contract and the JCT Subcontracts. Design and Build Practically, the most significant changes are [...]

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JCT 2011 & THE NEW CONSTRUCTION ACT – Part 1

JCT 2011 The principal purpose for the release of the 2011 editions of the JCT suite of contracts is to reflect the amendments to The Housing Grants Construction and Regeneration Act 1996 brought about by the Local Democracy, Economic Development and Construction Act 2009. The main changes relate to the payment terms and payment related notices. The amendments relating to Adjudication do not require any changes to the contract because the JCT suite [...]

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NEC Amendments – The New Construction Act

The Construction Act and NEC 3 On the 15 September 2011 the Institution of Civil Engineers issued the amendments to the NEC 3 suite of contracts to take account of the Local Democracy Economic Development and Construction Act 2009. The amendments make revisions to both the adjudication and payment conditions. The changes required to the adjudication provisions are made by way of amendments to Option W2 for most of the contacts. In the [...]

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THE NEW CONSTRUCTION ACT – What you need to know

When does it come into force? The new Act will come into force on the 1 October 2011 (1 November 2011 in Scotland). Changes to The Housing Grants Construction & Regeneration Act 1996 (The Construction Act) will be made by way of part 8 of The Local Demoncracy, Economic Development and Construction Act 2009. The new Act will not affect contracts entered into prior to the 1October2011 but all contracts entered into after [...]

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Concurrent Delay Revisited – Adyard Abu Dhabi v SD Marine Services

In 2010 we saw the landmark decision in City Inn v Shepherd which was much commented upon, mainly because the judges apportioned delays for extensions of time. It was suggested that although this was a Scottish case it would be used as guidance by the English courts. However many considered that the position in City Inn v Shepherd was not the position in English law and a recent case supports that view. Adyard [...]

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Time and Money Claims – The Problem of Concurrency

This article reviews the case law relating to time related concurrency in construction. The case law has seen a number of fundamental shifts in the last decade or so and as yet some of the underlying principles remain unresolved. What is a delay? A delay can occur to either the progress of the works or to the completion of the works. Usually when we talk about a delaying event we mean a delay [...]

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Presenting Time Claims in Adjudication – It’s Jackanory

I’ll tell you a story About Jack a Nory; And now my story’s begun; I’ll tell you another Of Jack and his brother, And now my story is done. Presenting a claim for adjudication is concerned primarily with telling a clear and persuasive story, making plain what happened on site or during the design process, and how this did or did not cause loss. To be effective the narrative needs to be concise [...]

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Contract Formation and Interpretation

Another Brick in the Wall Sometimes we tend to think that construction law is somehow ring fenced from the general law. This is, of course, not the case and most of the fundamental principles which we use in construction contracts are derived from cases which fall outside of the construction industry. In December 2010 the case of Pink Floyd Music Limited -and- EMI Records Limited [2010] EWCA Civ 1429 was heard in the [...]

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What is Repudiation?

REPUDIATION IS A TERM TO DESCRIBE CIRCUMSTANCES WHERE one party makes it clear that it does not intend to accept its obligations and perform them, or that it is incapable of doing so. REPUDIATION BY ONE PARTY ALONE DOES NOT TERMINATE THE CONTRACT The innocent party has to accept the repudiation to rescind the contract; that is to bring it to an end. ACCEPTANCE OF A REPUDIATION can be by communication or conduct [...]

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Delays Caused by Adverse Weather Conditions

Notification Under JCT and NEC Forms of Contact WHEN IS AN ADVERSE WEATHER CLAIM NOT AN ADVERSE WEATHER CLAIM? NEC FORMS OF CONTRACT -V- JCT CONTRACTS DO NOT LOSE YOUR RIGHTS JCT and NEC forms of contract are commonly used throughout the UK. Contractors and subcontractors used to working under JCT standard forms of contract are aware that they can make a claim for lost time for adverse weather conditions and protect themselves [...]

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NEC Contracts – Pricing – Managing – Recovering the Cost of Change

Use of NEC Contracts NEC contracts are being used more and more particularly with public Works. In the current climate it is important to be able to effectively tender and then manage these contracts. The use of this family of contracts will increase over the coming years as it is the preferred option of most public bodies. With 25 years combined experience of managing and dealing with problems in NEC contracts and subcontracts [...]

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