DGA Ebriefing November 2022 - 10 Nov 2022
At the time of the last EBriefing I commented that the UK was in the throes of deciding on its next PM; little did I know that this issue would follow a second change of leader during the short interim period. In the UK, global issues such as the war in Ukraine and its impact on energy costs; Covid and its impact on the supply chains, are some of the ingredients for rising inflation and in turn, escalating construction costs.
For die-hard fans or part-time patriots, the football World Cup in Qatar will provide a welcome distraction. Whilst the venues are spectacular and show construction excellence at its best, albeit the human cost in getting to this point is currently being played out by the media.
Turning to this edition of DGAs EBriefing publication, we have a number of interesting articles which I trust you will find informative.
Mark Lucas (Director of Project Risk Advisory, UK) looks at the Private Finance Initiative (PFI) and its demise over the next 20 years in the UK as projects conclude. Mark reviews how the government is seeking to assist the management and transition planning for these existing projects, through guidance published by the Infrastructure and Projects Authority (IPA).
From our team in Australia, the matter of problems which can occur with expert witness evidence, and how best to prevent these, is reviewed by Karen Wenham (Director of Programming Services, Asia-Pacific) and Murat Yener (Associate Director, Australia). The need to follow codes of conduct in differing jurisdictions including the implied requirements to be impartial and base an opinion on the facts in order to assist the court are all examined, with examples of where individuals appointed as experts have failed to do so.
Robert Rawdon (Senior Consultant) from DGAs London office takes a look at how ‘Daywork’ is defined under the various JCT (Joint Contracts Tribunal) standard forms, and where it may or may not be appropriate to use Dayworks for valuing Variations under the Valuation rules defined, including reference to the procedures to be followed in instances where Dayworks as a method of valuation is deemed appropriate.
This edition’s guest article comes from Richard Anderson at Devonshires LLP. Richard looks at the problem of a party to an adjudication being unhappy with the Adjudicator’s decision and to what extent that decision is binding on the parties where the referral involves an interim valuation assessment, as has again been reviewed recently by the courts. Richard’s article also includes comment on the differing approaches in this respect to extension of time entitlement and the valuation of variations, as part of the Adjudicator’s decision in advance of the Final Account process.
In line with the return to face to face meetings our complimentary breakfast seminars continue with our next on 16th November at Carrwood Park in Leeds, where Scott Milner is dealing with the topic of ‘Contractual conundrums and their resolution’. There’s still time for you or a colleague who may be local to attend, so please feel free to enquire at firstname.lastname@example.org.
The New Year will see the launch of our new full day public training sessions / workshops covering matters relating to both delay and quantum issues on construction projects. Our website training pages have more details and up to date information will be posted on the homepage as well as our social media.
If you would like to discuss any of the featured topics, the wider DGA training services or indeed any related matter, please feel free to contact any of our office representatives.