Monthly Archives: June 2017

CONTRACT EXIT PLANS All contracts come to an end. Some, however, will need provisions for an ‘Exit Plan’. Services, for example, may come back in-house from an external provider, or, the services may transit to another external provider. Typically, an Exit Plan is a Schedule to the contact. It should also be remembered that a […]

NEC 4 Did you know a new NEC suite of contracts NEC4 will be available in June 2017? The publisher is Thomas Telford. The paperbound family of contracts is available for £720 (Platinum/Gold Users’ Group Members £648). There is a new Dispute Resolution Service contract which will replace the NEC3 Adjudicator’s Contract. There is a […]

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 […]

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 […]

BREXIT – PROCUREMENT – WHAT NEXT? The Nation has spoken! In our article dated 20/06/2016 we pointed out that there were implications for procurement. Article 50 of the Lisbon Treaty now applies. At paragraph 1 it states that ‘Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.’ […]

Incoterms® EXW (Ex Works) Expert knowledge is required by those using any of the Incoterms®. We highlight the pitfall(s) for those nominating EXW as the basis for the deal. What does it mean? At first sight it seems simple. All Incoterms® define the responsibilities of buyer and seller. A common misunderstanding is that with EXW […]

Procurement Fraud! Will it Ever Stop? The perpetrators of procurement fraud have almost endless opportunities to commit fraud. We have another example for you. It concerns construction procurement, so there is no surprise there. The case investigated included bids for projects, some of which was either (1) fraudulent or (2) from a company owned by […]