Nobbling the nomination (or the abuse of the adjudicator appointment process) - time for statutory intervention or guidance?
In order to have an adjudication you have to have an adjudicator. Many people in the construction industry do not have to consider how you get an adjudicator unless they are drafting the contract or a dispute arises.
The construction sector has been notorious for late payment and non-payment for many years. So much so, that the government has intervened to regulate payment in this sector to a degree that it has not done in any other sector.
Whether you get paid is no longer a question of who can afford to chase the debt but whether you organise your invoicing / payment application procedure in accordance with your contract. So it is down to you.
If your contract does not state clearly when you are to be paid, then the legislation steps in. So there are no real excuses.
The NEC4 Engineering and Construction Contract (ECC) contract issued in June this year makes some important changes to the procedure for managing the programme under the contract.
The programme performs a dual function under the NEC ECC contract. First, it is the basis for managing the work, requiring considerable detail of the contractor's planned delivery of the works. Second, it creates a series of obligations and entitlements and has contractual force.
How much information should we share?
One aspect of BIM level 2 is to provide a common data environment. Common data environments are not the exclusive preserve of BIM and, as the name suggests, refer to the management of data.
What is the NBS Toolkit?
The NBS Toolkit is a software tool through which users can draft the contents of the Employer’s Information requirements and the various documents ( Bim Execution Plan "BEP" and Master Information Delivery Plan "MIDP") which map the stages of production of BIM for a project. It is the one of the last pieces in the jigsaw of products envisaged in the government BIM strategy to assist the industry in achieving a level of standardisation of and definition of the process that we now refer to as “BIM level 2”.
The new CDM regulations came into force on the 6th of April 2015. One area of concern to both contractors and designers is the inclusion of domestic projects in the new regime. Formally domestic projects were excluded but that has now changed. Any project whether for a domestic client or not will now be covered by CDM where there is more than one contractor. The duty falls on the client who is the domestic householder to appoint a principal designer and a principal contractor. The appointment must be in writing.