A question of hit or myth

Article Abstract:

A 'fitness for purpose' warranty covering a building contract imposes a heavy burden of responsibility on the contractor but it can also prove lucrative. The phrase requires the building work to be fit for the purpose for which it has been contracted. Should the client find the completed work does not meet this obligation it will be relatively straightforward for him to prove the contractor liable whereas liability against a warranty guaranteeing 'reasonable skill and care' will be much more difficult to prove. A 'fitness for purpose' warranty might, therefore, attract clients.

Warranty, Usage, Liability (Law), Legal liability

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Competitive tender trap: while the UK government is backing partnering for public sector procurement, EC rules promoting competitive tendering hamper the creation of longer-term relationships

Article Abstract:

Partnering in the public sector and European Commission procurement rules share the objective of promoting value for money. The government's new procurement white paper, Setting New Standards, determines partnering as an arrangement of close collaboration between clients and suppliers to enable requirements such as cost reduction or improved quality to be delivered. However EC procurement rules do not assist public bodies and utilities to establish partneriing arrangements.

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It's good to talk ... or is it?

Article Abstract:

Building contractors often use two-stage negotiated tender building contracts to their advantage, say legal representatives. They have no difficulty in achieving a modification to lump sum agreements after declaring uncertainty over phase one project details. Other evidence of unscrupulous behaviour is given. However, legal negotiation experts believe that flexible negotiation, based on building industry expert Sir Michael Latham principals, is mainly a good thing.

Negotiation, Negotiations

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