So what happens next….contractual arrangements post “lockdown” – Part 2

As the country takes its first tentative steps towards the new “normal” it is essential for contracting authorities to review the viability of their contractual arrangements and, most importantly, the interim provisions introduced in response to the Covid-19 pandemic. Consequently, now is the time to build upon the considerations contained in my previous blog on…

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Case summary – Fleixidig Ltd v M&M Contractors (Europe) Limited

This case has provided some useful guidance on the enforcement of an adjudicator’s decision outside of the jurisdiction defined by the contract. The court heard two interlinked disputes brought by the parties to the contract – a ‘jurisdiction application’ and an ‘enforcement application’. Background The respondent employer (M& M Contractors (Europe) Limited) was domiciled in…

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Guidance Notes for Construction Contracts – Procurement Policy Note 02/20

On 6 April 2020, the Cabinet Office published helpful guidance notes on the implementation of Procurement Policy Note 02/20 by contracting authorities in England in relation to existing works contracts. Options for Relief The guidance sets out a non-exhaustive list of different forms of relief that a contracting authority can agree with a supplier whose…

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Procurement Policy Note 03/20 – Use of Procurement Cards

The third PPN published in quick succession (PPN 03/20) saw the Government issue guidance on the use of procurement cards by ‘in scope organisations’ (Central Government Departments, their Executive Agencies and Non Departmental Public Bodies). Procurement cards are widely used in the public sector for transactions below certain thresholds, and have been found to save…

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Case summary: DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) (20 March 2020)

The judgment of Mr Justice Griffiths in this case has provided some helpful guidelines as to the basis on which costs can be awarded on an indemnity basis to a successful party. It serves as a warning to parties seeking to avoid engaging in attempts to settle a dispute by Alternative Dispute Resolution (ADR). In…

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The Impact of Coronavirus on Construction and Commercial Contracts

Introduction Whilst the eyes of the world’s media focus on daily increases in the number of Coronavirus cases and the emergency measures being taken by national governments to combat its transmission, little attention has been paid to the impact of the virus on construction and commercial projects. Although the economic scale of the crisis is…

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