Dodging the draft: putting his personal friendships on the line, Andrew Hemsley, suggests that lawyers may not be the best people to draw up consultants' appointments

Article Abstract:

Lawyers usually produce consultants' appointments on major commercial projects, but they may not be the best people to set down service required from consultants, as some know little about construction. Much time is spent discussing unacceptable clauses, so it is important that a consultant finds out exactly what the client's requirements are. Provisions such as 'The consultant has an obligation to identify and advise upon all possible cost savings' could paralyse a project, and the consultant would be obliged to identify each and every form of cost saving.

Laws, regulations and rules

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Perfecting defects: making good defects can be as important as the initial construction phase of a project

Article Abstract:

It is important for contractors to perform during the defects liability period of a project, as it provides the last opportunity to make a good impression. However there is often a lack of attention to putting defects right as the extra time and effort spent will either reduce profits or increase losses. The JCT Standard Form of Contract calls on the contractor to put defects right within a reasonable time after notification from the client, although the ICE Conditions require work to be undertaken as soon as practicable.

Construction

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Professional contract chaos

Article Abstract:

Professional appointments contracts differ from JCT contracts in that they are written by either the client or the contractor, not both parties together. It is inevitable that all the various forms of professional appointments contracts represent the interest of those who write them. It is now time for the JCT to produce a document which is acceptable to both sides and which will be widely used.

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