Keating Chambers

This Practice Note provides an introduction to public procurement in Wales under the Procurement Act 2023 (PA 2023) and the Procurement (Wales) Regulations 2024, highlighting in particular the differences in the public procurement rules in Wales, as compared with England. It also provides an overview of the rules applicable to healthcare procurement in Wales, as well as duties imposed under the Social Partnership and Public Procurement (Wales) Act 2023.

This Practice Note sets out the steps which should be taken at the pre-action stage of a construction dispute and the key considerations. This includes initial information to be gathered and reviewed, preliminary advice to be considered, strategic considerations, witnesses and experts, considering settlement, interim relief and advising on costs.

This Q&A considers whether an employer who has already served a notice to terminate a JCT D&B 2011 contract on the basis of a specified default by the contractor can use a new issue/ground for termination that subsequently arises in its argument for termination.

This Q&A considers the liability of a consultant appointed by the employer to review and approve a design developed by a contractor in a design and build contract. This role is sometimes known as an independent checker/reviewer or simply the employer’s design consultant (in a traditional procurement situation, this latter term could also describe a designer engaged by the employer to undertake design work).

This Q&A looks at whether a party (payee or paying party) can correct mistakes in a pay less notice that was given in response to a default payment notice for a final account. It focuses on the position under the JCT forms of contract and similar contracts which contain provisions for the final account to become final and conclusive after a defined period.

This Q&A considers the right of a party to a construction contract to commence court proceedings without first having referred the dispute to adjudication.

This Q&A considers whether an employer has the power to rescind the award of an extension of time and what happens if the contractor has relied on the extension of time granted.

This Q&A considers whether the Housing Grants, Construction and Regeneration Act 1996 applies to operation and maintenance (O&M) contracts in respect of power-generating facilities.

This Q&A considers how the disclosure pilot scheme will be applied in the Technology and Construction Court (TCC), particularly in respect of potential conflicts between the pilot scheme and TCC practice, such as the timing of the case management conference and the use of the TCC eDisclosure Protocol.

This Q&A considers the impact of the contractor’s insolvency on retention monies held by the employer under a JCT Intermediate Building Contract with Contractor's Design 2016.

This Q&A considers whether there is a duty imposed on a contractor to inform the employer that the build does not comply with the Building Regulations 2010, SI 2010/2214.

This Q&A considers whether a contractor is entitled to an extension of time if works are delayed as a result of coronavirus (COVID-19).

This Q&A considers whether a paying party can specify a negative sum in a pay less notice, considering guidance from relevant statutory and case law sources.

This Q&A considers what amendments, if any, need to be made to JCT Design & Build 2011 where an employer is taking out non-negligent insurance under clause 6.5.1 instead of the contractor.

This Q&A considers the effect of the errata to the FIDIC Red, Yellow and Silver Books 2017 on contracts which have already been entered into.

This Q&A looks at what the differences are, if any, between a void contract, terminating a contract and determining a contract.

This Q&A considers when an adjudicator can award interest in an adjudication, and the time from which interest accrues. The date on which interest starts to run will vary depending upon the basis on which interest is awarded.

This Q&A considers where potential claims and areas of liability that may arise when a builder causes damage to a neighbouring property.

This Q&A considers whether a clause providing for a sub-contractor to be paid by the earlier of (i) the date when the contractor is paid and (ii) a long-stop date would fall foul of the prohibition on ‘pay when paid’ clauses under section 113 of the Housing Grants, Construction and Regeneration Act 1996.