This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). Specifically, it looks at HGCRA 1996, s 113 (which prohibits pay when paid clauses) and HGCRA 1996, ss 110(1A)–(1D) (which prohibit ‘pay when certified’ clauses).
This Practice Note provides a short summary of the provisions of the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts concerning payment in construction contracts.
This Competition law risk management guide identifies five key competition risk management priorities for dominant companies and gives the heads-up on why each one is important. It includes a series of mini-action lists that suggest action points for each priority area, and encourage you to record your organisation’s current level of compliance. There is a separate competition law risk management guide for non-dominant companies.
This Competition law risk management guide—non-dominant companies identifies five key priorities for competition law for non-dominant companies and gives the heads-up on why each one is important. It includes a series of mini-action lists that suggest action points for each priority area, encourage you to record your organisation’s current level of compliance and signpost relevant content in LexisNexis®. There is a separate competition law risk management guide for dominant companies.
This Practice Note looks at good practice in market engagement including management of the engagement process for procurements governed by public procurement rules. It outlines the rules in this area under the Public Contracts Regulations 2015.
This Practice Note outlines the current regime for public procurement remedies, governed by the Public Contracts Regulations 2015, SI 2015/102. It discusses the standstill period and contract award information, the automatic suspension of the contract award procedure which applies where proceedings are brought against a contracting authority, and ineffectiveness orders. It also signposts to content on damages in Public procurement.
This Practice Note explains the requirement imposed upon a contracting authority when it reaches its decision on the award of a public contract subject to the Public Contracts Regulations 2015 (PCR 2015), to adhere to a standstill period before entering into the formal legal contract. The purpose of the standstill period is to allow unsuccessful tenderers the opportunity to seek further information from the contracting authority and consider whether their rights have been prejudiced during the tender process.
This Practice Note summarises the scope for challenge and the time limits for starting proceedings in a procurement challenge. It identifies the key sections under the Public Contacts Regulations 2015 and explains the relevant time frame for commencing challenge for each provision.
Preliminary market consultation (PMC) can be used to consult prospective contractors in advance of the public procurement process. This Practice Note highlights the different types of PMC that can be used in conjunction with UK public procurement principles. It identifies the benefits of this process and also the potential risks in terms of distorting competition.
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