March 2011 Archive

The importance of meeting professional obligations

The judgment handed down in January this year in the case of Phillips Architects Limited v Riklin and another provides a salutary warning and a timely reminder of the obligations of professional consultants to establish in writing the nature and extent of the services they will provide and the fees – and the basis on which they are calculated – charged for those services.

The Local Democracy, Economic Development and Construction ACT 2009: changes to adjudication and payment

As some readers will be aware, the regime for payment, notices of withholding and adjudication under construction contracts is about to change. The Local Democracy Act instituting these changes got the Royal Assent before the election and will come into force once the revised Scheme for Construction Contracts has been finalised, which is likely to happen in April 2011. In layman’s terms this means that all the construction contracts you are dealing with in future will have to reflect the amended regime for payment and adjudication. Your own standard terms and conditions will likewise need amending.
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