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Escrow Agreements

Tuesday, September 27th, 2016

Escrow Agreements The word “Escrow” as a noun means “a bond, deed or other document kept in the custody of a third party and taking effect only when a specified condition has been fulfilled.” “Escrow is not an acronym. It is derived from the Middle English word “escrow”, which means “scroll” or parchment. We are […]

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Improving Procurement Performance

Wednesday, September 21st, 2016

The Australian National Audit Office (ANAO) published, in September 2016, a report related to offshore processing centres in Nauru and Papua New Guinea. It is very timely and informative for the UK Government, given the Brexit outcome. The Australian Government was anxious to avoid asylum seekers risking their lives on boat journeys to Australia, hence […]

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Project Dispute

Wednesday, September 14th, 2016

PROJECT DISPUTE – PERFORMANCE AND PERFORMANCE GUARANTEE We are always seeking to inform our readers of contractual ‘incidents’ from which there is extensive learning opportunities. There has been a long running saga between Todaysure Matthews Ltd & Anor v Marketing Ways Services Ltd. The latest reference is [2016] EWHC 147 in the Commercial Court. The […]

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Adjudication

Thursday, September 8th, 2016

ADJUDICATION – HELP OR HINDRANCE? Adjudication is a feature of many contracts. What does it actually mean? This is a recent referral to us for discussion with a client. What follows is no substitute for legal advice, but it will clarify the subject for our readers. Judge Wilcox referred to adjudication as a robust and […]

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KNOWLEDGE TRANSFER IN CONTRACTS

Tuesday, July 12th, 2016

  WHAT KNOWLEDGE AND TO WHO???? In our experience there are two business situations where a client organisation asks for a transfer of our knowledge. The first concerns IT systems implementation. The second is the provision of specialist consultancy services. It is the latter upon which we will focus. We always agree that we will […]

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Evaluating Tenders – Scoring and Manipulation

Tuesday, July 12th, 2016

EVALUATING TENDERS – SCORING AND MANIPULATION The evaluation of tenders is a highly professional process, aimed at ensuring there is a credible approach to appointing the right supplier. The process should be visible, known to the bidders and beyond reproach. Our research has led us to another questionable approach. It relates to the provision, installation […]

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Procurement Fraud

Monday, July 11th, 2016

PROCUREMENT FRAUD £127 BILLION “By far the biggest source of fraud for these businesses relates to procurement – an enormous £127 billion. Procurement fraud included crimes such as the submission of false invoices or the awarding of contracts in exchange for bribes….” The source of this statement is the 2016 report overseen by the UK […]

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