The recent court case demonstrates why the cost certainty for employers of lump sum prices should be balanced with certainty and/or a proper pricing of any risk in the scope for the contractor, particularly where the scope of works is widely drawn and its content uncertain.
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Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
Latest articles from Michael Conroy
In light of the recent woes brought on in part by delays in high risk construction projects, Harper Macleod's Head of Construction, Michael Conroy, compares the Scots and English law positions in relation to 'concurrent delays' and suggests practical steps to be taken by parties to contracts which may reduce or mitigate their exposure from disputes.
The poor health and safety record of the UK construction industry has long been an issue for government. The latest attempt to regulate the industry is the Construction Design and Management Regulations 2015 (the Regulations) which identify and impose responsibilities and duties on the various parties involved in the delivery of projects. Here we examine how the Regulations deal with the situation where there is more than one party that can be regarded as 'the Client' for the purposes of the Regulations.
We regularly advise employers of contractors and construction professionals in drafting contracts for projects, as well as providing advice to those other parties on proposed contract terms which they have been presented.
Scots law recognises the principle of third party rights in contracts whereby a non-contracting party can have rights to enforce contracts entered into by others - particularly relevant for construction contracts. New legislation will shortly be enacted to provide a modern clear statement of the law which will bring Scotland into line with England and Wales - a much needed reform in an area where the law was no longer adequate for modern requirements.