Martin Roberts, partner, Pinsent Masons LLP:

My posts on building information modelling (BIM) over the last six months have touched on ownership and IP, preparedness and managing the professional team. In writing them, I’ve drawn attention to some of the key legal issues that will need to be considered as BIM develops.

There is a consensus emerging that BIM level 3 may require radical thought. This post highlights some recent developments.

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James Williams, solicitor, Pinsent Masons LLP:

The Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009), which amended the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) has now been in force for over half a year. This post focuses on one aspect of the statutory requirement that a construction contract includes an adequate mechanism for payment as it affects release of retention, particularly sub-contract retention.

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James Williams, solicitor, Pinsent Masons LLP:

Continuing on the theme of commenting on the drafting of the amendments made to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) by the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009), this blog considers new section 111 of the Construction Act 1996. Specifically, it looks at how section 111 operates in the event of payee insolvency. Read the rest of this entry »

Michael Stewart, partner, Pinsent Masons LLP:

My last blog looked at the difficulties that can arise in a typical FIDIC scenario where an employer does not honour a dispute adjudication board (DAB) decision that is binding, but not final.

This blog looks at the difficulties that can arise in relation to the definition of the “dispute” that is submitted to the DAB and then to arbitration.

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James Williams, solicitor, Pinsent Masons LLP:

To pay or not to pay, that is the question…

Not surprisingly, there have been quite a few blogs on this site over the last several months on the amendments made to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) by the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). Many of these have focussed on ambiguities in the drafting of the new provisions as much as the substance the new law itself – see, for example, The “not so great” section 108A debate. It seems we lawyers cannot help but engage in a bit of Parliament bashing, horrid lot that we are. Read the rest of this entry »

Michael Stewart, partner, Pinsent Masons LLP:

In the typical FIDIC scenario, the dispute resolution provisions sound delightfully straightforward. However, what happens if one of the parties doesn’t comply? Read the rest of this entry »

Mohammed Talib, solicitor, Pinsent Masons LLP:

A storm in a Chinese teacup?

The Hong Kong Court of Final Appeal’s (HK CFA) decision in Democratic Republic of the Congo and others v FG Hemisphere Associates LLC [2011] 4 HKC 151 (FG Hemisphere) has caused concerns, but those concerns are misplaced. A business considering whether Hong Kong will retain its position as a pre-eminent Asian arbitral seat should rest at ease. Read the rest of this entry »

Martin Roberts, partner, Pinsent Masons LLP:

In my third post in this series on Building Information Modelling (BIM), I concentrate on the professional team.

Fully integrated BIM delivery will inevitably affect the way in which professional consultants work together and work for their client.

Integrated delivery means a fully integrated contractual framework, including the professional team’s terms of appointment. But how will responsibilities be allocated?

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Andy Green, solicitor, Pinsent Masons LLP:

The progress of a contractor’s works is often a key factor in a construction project completing on time. Construction contracts usually include terms that specify the progress required and the consequences if that progress is not achieved.

However, what is the position when the contract only gives the employer a right to terminate for the contractor’s failure to progress the works? Is the contractor obliged by an implied term to proceed regularly and diligently?

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Martin Roberts, partner, Pinsent Masons LLP:

As Building Information Modelling (BIM) continues to become one of the hottest topics in the construction industry, the stark differences between the aspirations of government and the readiness of the industry to implement BIM become even more apparent.

Before the Christmas break, I took a look at ownership rights and BIM. This post now highlights some of the issues that arise when different members of a project team have reached different levels of readiness.

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