GLOSSARY

Early warning definition

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What does Early warning mean?

The early warning process is found most notably in the NEC3/NEC4 suite of contracts, but the concept also exists in some other standard form contracts. It requires the parties to the contract to notify each other, as soon as either of them becomes aware of any matter that could increase the total cost, delay completion or impair the performance of the finished work, so that the parties can proactively deal with the issue.

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NEC Term Service Contract

NEC Term Service Contract What is the NEC Term Service Contract? The NEC Term Service Contract, or TSC, is part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). The NEC Term Service Contract is designed to engage a contractor for a set period of time, to manage and provide a service—this might include construction works, but can be used for the provision of other services. The NEC Guidance Notes give examples of its use including maintenance of highways in a particular area, providing security personnel for a site, maintaining a nuclear power station, and providing ambulance services to a group of hospitals—in other words, both ‘hard’ and ‘soft’ facilities management services (see Practice Note: What is Facilities Management Contracting?). Like the other NEC forms, it can be used in the public and private sectors and could be used for services of any value. The NEC Term Service Contract is not intended to act like the NEC3/NEC4 Framework Contract under which there is no guarantee of work. Rather, the Contractor will carry out work continuously as stated in the contract without the need for a separate order from the Client, and/or it will carry out works instructed on a task by task basis. Other standard forms that work on a similar basis include the JCT Measured Term Contract 2011/2016 and the ICC Infrastructure Conditions

The value we add

The value we add What in-house legal teams do that helps articulate their value Tactically Operationally Strategically Tactical value is the value that is easiest to count, but the least satisfying as an indicator of true value. It is however simplistic and easy to grasp and therefore of some importance, certainly defensively. Ironically, although not very helpful to judge quality or intrinsic value the following are indicators the business will often request of lawyers – faster, quicker, and cheaper! And so a team often gets stuck here and fails to develop more thoughtful indicators of value. Operational value is the value that is derived from applying insight to operational policy and process and, in doing so, adding value through a closeness of alignment, understanding and access. Good teams move here quickly as they can make their work easier in addition to driving a more efficient model for the business. In essence, tactical value fails when increasing demand creates a bottleneck. Operational value is about alleviating the bottleneck Strategic value is the hardest but most rewarding value to create and articulate. In this construct in-house teams contribute as leaders and business partners. They invent, drive innovation and help the business to work successfully, compliantly and enhancing reputation. If operational value is about alleviating bottlenecks, strategic value is about redesigning the bottle How many? Matters, contracts,

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Matter management procedures—in-house legal team

Matter management procedures—in-house legal team 1 Introduction 1.1 This document sets out procedures for the legal team in relation to: 1.1.1 matter opening and file maintenance; 1.1.2 matter progression; 1.1.3 matter conclusion; 1.1.4 supervision; 1.1.5 instructing external lawyers; 1.1.6 conflicts of interest; and 1.1.7 confidentiality and disclosure. 2 Responsibility and application 2.1 [Insert name, department or role holder] is responsible for this document. 2.2 The policies and procedures set out in this document apply to all current and former members of the legal team (legal staff), including employees, temporary and agency workers, interns, volunteers and apprentices. 2.3 All legal staff must be familiar with this document and comply with its terms. 2.4 This document does not form part of any employee’s contract of employment and [insert organisation’s name] may supplement or amend this policy with additional policies and guidelines from time to time. Any new or modified policy will be circulated to legal staff before being adopted. 3 Matter opening and file maintenance 3.1 Maintaining legal files in a systematic and reliable manner is essential to ensure: 3.1.1 consistency of approach; 3.1.2 any member of the legal team can pick up your workload easily or check the status of any matter and the actions taken to date; 3.1.3 important information and documents are retained for an appropriate period, for future review or disclosure; and 3.1.4 we do not incur the costs and risks associated with retaining unnecessary information. 3.2 Legal files can exist in different formats

Schedule of Amendments to JCT Minor Works Building Contract 2016

Schedule of Amendments to JCT Minor Works Building Contract 2016 Schedule of amendments to the jct minor works building contract 2016 The Contract comprises the Minor Works Building Contract 2016 Edition published by the JCT subject to the following amendments: agreement ARTICLES Article 7 Article 7 Arbitration Delete Article 7 and insert ‘All references to arbitration in this Contract are deleted’. Article 9 After Article 8 insert the following: Article 9 [ To be added on the face of the contract ] Schedule of Amendments The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) are incorporated into this Contract and the provisions of the Agreement, the Contract Particulars, the Conditions and the Schedules annexed to the Conditions shall have effect as modified by the Schedule of Amendments which together comprise the ‘Contract’. Article 10 Insert new Article: ‘Article 10 Collateral Warranties Within 14 days of the Employer’s request, the Contractor shall deliver to the Employer executed deeds of collateral warranty from the Contractor in favour of any Funder, Purchaser and Tenant in the relevant form set out in Appendix A.’ Article 11 Insert new Article: ‘Article 11 Third Party Rights Any Purchasers and Tenants whose name, address and interest has been notified to the Contractor, by or on behalf of the Employer,

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What is a REIT and are there any issues which need to be considered when lending to a REIT?

What is a REIT and are there any issues which need to be considered when lending to a REIT? What is a REIT? REIT stands for 'real estate investment trust'. A REIT is effectively a tax-free vehicle for real estate investment, with tax levied at the level of the investors rather than in the vehicle. The REIT regime was designed to provide 'liquid and publicly available property investment vehicles which are available to a wide range of investors' and which would raise 'productivity in the commercial property sector'. For more information on the REIT regime, see Practice Note: Real estate investment trusts—summary. Issues which should be considered when lending to a REIT When lenders are considering lending to a REIT, in many ways the credit analysis is the same as for other borrowers. For example, lenders need to consider: • the nature of and the risks associated with the portfolio of assets held by the REIT • the projected income for the business, from which the debt will be serviced • the general credit risk attached to the business, and • the nature of the security package on

Is a fire risk assessment required for a new commercial property which has a building regulation completion certificate? Does a building regulation completion certificate mean that a separate fire risk assessment is not required for the period of one year from completion?

Is a fire risk assessment required for a new commercial property which has a building regulation completion certificate? Does a building regulation completion certificate mean that a separate fire risk assessment is not required for the period of one year from completion? Building Regulations The Building Regulations 2010, SI 2010/2214 (the Building Regulations) apply to building work as defined in the Building Regulations, SI 2010/2214, reg 3, which includes ‘the erection or extension of a building’. The Building Regulations, reg 4(1) stipulates: ‘…building work shall be carried out so that— (a) it complies with the applicable requirements contained in Schedule 1…’ The Building Regulations, Sch 1, Pt B contains requirements in relation to fire safety, such as: ‘…a building must be designed and constructed so that there are appropriate provisions for the early warning of fire, and appropriate means of escape in case of fire…’ Regulatory Reform (Fire Safety) Order 2005 The Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 (FSO 2005) makes provision in relation to fire safety in non-domestic premises. FSO 2005, Art 9 imposes an obligation on ‘the responsible person’ (which is a term defined in Article 3) to: ‘…make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.’ Interaction between

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Environment weekly highlights—28 July 2022

This week's edition of Environment weekly highlights includes analysis on the decision in Friends of the Earth Ltd v Secretary of State for Business, Energy and Industrial Strategy, which held that the Net Zero Strategy is unlawful, amendment of the Civil Procedure Rules to reflect the introduction of environmental review proceedings and the XPS Pensions Group’s study on the approach of fiduciary managers of pension schemes to climate change. In addition, this week the Department for Environment, Food & Rural Affairs opened a consultation on the draft National Air Pollution Control Programme and has confirmed that legislation has been introduced which strictly manages, controls and protects Eurasian beavers in England, the Environmental Audit Committee announced that it will investigate how best to scale up a sustainable and resilient domestic timber sector, Natural England published its 2022–23 action plan, and the Environment Agency has convened the National Drought Group.

Environment weekly highlights—21 July 2022

This week's edition of Environment weekly highlights includes analysis on the progress of UK REACH, the concept of climate activism, the International Sustainability Standards Board’s consultation on the draft IFRS S1 General Requirements for Disclosure of Sustainability-related Financial Information and the IFRS S2 Climate-related Disclosures, the proposed Directive on Corporate Sustainability Due Diligence, draft Finance Bill 2023, the new pension task force to improve the 'social' aspect of ESG, the Financial Conduct Authority (FCA) asking government for power to regulate green data ratings and the CPR changes relating to environmental review coming into force on 1 October 2022. In addition, this week the High Court ruled that the Net Zero Strategy breaches the Climate Change Act 2008, the Secretary of State for Environment, Food and Rural Affairs, George Eustice, agreed with the recommendations made in the Office for Environmental Protection’s first monitoring report of the 25 Year Environment Plan, , the Jet Zero Strategy and the Nuclear Fuel Fund were announced, the government confirmed it will modernise the Reservoirs Act 1975 and reform reservoir safety regime, and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Service published a report on the methodological assessment of nature’s diverse values. We have also published a new Practice Note which looks at the environmental law issues that should be considered by local authorities.

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