Clash points

Article Abstract:

There are many reasons why nomination under JCT98 has become unpopular in the south of the UK. These include the complexity of the nominated subcontractor documentation. Employers and their professional teams are rejecting nomination, but they still want to influence the selection of subcontractors. They therefore need to be able to state in the contract documents a named subcontractor, or list of subcontractors, for work to be priced by the contractor or the provisional sum work. Some observers argue that, although nomination has faults, it is the only recognized contractual way for a client to choose a subcontractor and then make the main contractor form a contractual relationship with that subcontractor.

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Who should lead change?

Article Abstract:

There is a substantial amount of client initiative for change in the UK construction industry. This is generally to be welcomed, as long as clients do not select contractors merely on the basis of price. If they do, then the improvements they are seeking will never come about. Some observers believe that most construction clients seeking change lack sophistication. They may have very little experience of procuring a building, and cannot therefore be in a position to initiate and manage change. Clients can call for change, but ultimately change can only really be instigated by the supply side of the construction industry.

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Clash points

Article Abstract:

Mixed views are being expressed in the UK construction industry and among construction lawyers about the extent to which clients should regulate subcontractors' arrangements. Some observers argue that clients, who are increasingly demanding value for money and entering into partnering and teamwork arrangements, should play a more active role in monitoring risks being passed downstream. Others feel that one-off construction clients should not be expected to intervene to protect subcontractors.

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