The following Construction practice note Produced in partnership with Lucinda Baker of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:
This Practice Note considers the key issues and risks which commonly arise on a major build project for an education provider, covering higher education, further education, academies and independent schools. See also Practice Note: Building Schools for the Future/Priority School Building Programme.
While any normal procurement route is feasible on an education project, three factors are commonly the driving force behind the typical procurement routes taken by education clients in respect of their construction projects:
Education clients by their very nature infrequently procure major capital projects. It is not their core business and, save for large university estate teams, they rarely have the in-house skills to successfully procure major works. They would be classified as inexperienced construction clients.
Funding is frequently capped and time limited. This means that works will usually be procured on the basis of a fixed price contract at largely higher cost that gives the degree of certainty control that both funders (be it public or private investment) and governors wish to achieve. See Funding below.
Site risks on education projects are generally higher than normal development work. The build is usually located within a live school or university environment. Managing health and safety and timetabling risks is a key factor in planning and procuring the works. See Typical issues which arise on construction projects in the education sector below.
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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