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Peter Hibberd is past chair of the Joint Contracts Tribunal
Retentions meet a real need and aren’t a problem in themselves – it’s how they are administered that needs fixing
Peter Hibberd cautions that BIM’s effectiveness in preventing disputes depends on good practice in tackling known issues
The contractor’s liability for design faults depends on not just the main contract form but also its associated documents: if they contradict each other, you could end up in court
‘Infrastructure’ is the word on everyone’s lips at the moment, but how do you define it for contract purposes? For the most part, it might be best not to
Understanding contractual provisions can be complicated but a solid legal framework that also reflects fair payment guidance is essential
After Brexit, the UK is to go its own way regarding procurement and contracts but it will still have to work within parameters set by others if it is to trade internationally
The value of bills of quantities continues to be questioned, thanks to advances in technology and measuring methods. But quantification remains important, however it is done
With inflation levels low, construction contracts are now less likely to offer fluctuation provisions. But the question as to where the risk of price changes should lie has not gone away
What happens when making amendments to a standard contract causes things to go wrong?
Insolvency during the course of a building project is one of the sector’s grim realities. What contract provisions are there to provide protection from another party’s insolvency?
It should be difficult to overpay on an interim payment but when it does occur, should there be an express term providing for repayment?
There have been problems with retentions ever since they were introduced to ensure builders finished a job to a good standard. But finding an alternative has proved elusive
Are communications protocols necessary to support the payment process?
Can we learn from earlier arrangements to reduce disputes later?
Whether further legislation can improve construction’s payment culture is debatable. It’s more about knowing your responsibilities and properly understanding the risks
Construction 2025 reminds us of the direction of travel but what’s needed now is a clear plan on how the industry can get to where it needs to be
The use of an oral or verbal contract in non-construction activity is commonplace, so is there any reason why we should not extend it into construction works?
Flexibility in contracts is a complex matter. Professionals need the freedom to exercise their judgment, but never at the expense of precise language
Two surveys on construction procurement show that although the traditional and design and build routes are still favoured, there’s plenty of scope for refinement
BIM has the potential to change the face of the construction industry, but will it?
More by Peter Hibberd
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