For a long time, there have been negotiated general terms and conditions for the purchase of goods for construction businesses. The latest version is called ABM 07.Before I explain the changes these entail in relation to the previously provisions, ABM 92, I will give a summary description of the development, from the mid-1970’s, which has led to the ABM of today ...
The proposed amendments to the Act have now been issued by DBERR. They are due to progress through parliament this session, but the key question is are they as anticipated and do they cover the recommendations made for change? The answer is largely yes. Although some in the industry will argue that they do not go far enough, they are representative of the latest 2007 Consultation ...
The JCT Constructing Excellence Contract 2006 is seen as a radical departure from the JCT's more "traditional" building contracts. However, will it be used used by developers in the private and public sectors? Many of the more "traditional" forms of contract (JCT and ICE in particular) were perceived to encourage an adversarial approach ...
The Scottish Government has recently unveiled its long-awaited proposal for financing and delivering major public projects in Scotland. The initiative, the Scottish Futures Trust (the SFT), will replace the widely-criticised Private Finance Initiative (PFI) and heralds a golden opportunity for the delivery of high quality projects which represent value for money for the taxpayer ...
Japanese knotweed is an extremely invasive plant which is capable of damaging property and can grow through concrete or even the floors of houses. It is difficult to eradicate and its disposal is considered to be "controlled waste" for the purposes of the Environmental Protection Act 1990. Knotweed will often be apparent on inspection but this will not necessarily always be the case. A fragment of root as small as 0 ...
The Crossrail Act 2008 (the “Act”) received Royal Assent on 22 July 2008. The Act authorises the works necessary to build Crossrail and the acquisition of land and interests in land necessary for those works. In addition, the Act establishes a planning and heritage regime for the works ...
The Government has announced a new scheme to supplement the existing HomeBuy scheme. The new scheme, known as "Rent to HomeBuy", will allow potential buyers to rent a property for a specified period at a less than market rent, with the option to buy a share of the property at the end of that period. The Government hopes that the new scheme will enable more tenants to buy their own home ...
Part I of a III Part Primer: An Introduction This newsletter is the first of a three part report prepared for our public finance clients with respect to “public private partnerships.” Also known as “PPP” or “P3” projects, there is an increasing amount of press regarding these projects, some of which is contradictory and some of which is just plain confusing ...
Concerns over global climate change have sparked a series of legislative and policy responses on the provincial, federal, regional, and international levels. The challenge of complying with climate change policy is that different governments have invoked a number of different policy tools to respond and adapt ...
On May 27, 2008, Line Beauchamp, Minister of Sustainable Development, Environment and Parks, announced an envelope of $60 million under the Assistance program to reduce or avoid greenhouse gas emissions by implementation of intermodal projects in freight transportation, to fund new projects aimed at reducing greenhouse gas emissions ...
On May 9, 2008, the Ministère du Développement durable, de l’Environnement et des Parcs (MDDEP) presented its new pricing system for applications for environmental authorizations. The Order-in-Council provides for a rate grid based on the nature of the work covered by the application for authorization. The base rate is $500, unless another rate is stipulated in the rate grid ...
On April 29, 2008, the Minister of Sustainable Development, Environment and Parks, Line Beauchamp, announced the adoption of new measures to improve water quality and reduce greenhouse gas emissions. An amount of $16.4 million has been allocated to enable agricultural operations to intensify their actions favouring the preservation and improvement of water quality ...
As if employers and contractors needed reminding, two recent decisions emphasise the importance of having a contract in place as soon as possible, and the dangers of starting work on a letter of intent ...
Product liability insurance is often offered as an alternative to professional indemnity insurance by sub-contractors but is it really an alternative? The two forms of insurance have some fundamental differences. Professional indemnity insurance covers claims arising out of the professional activities of design consultants, sub-contractors or the contractor ...
Throughout the industry press, the topic of conversation at networking breakfasts, you can’t escape the doom and gloom of the global credit crunch. But what does this really mean for the industry? First and foremost, it means that risk will increase. There is more chance of a party experiencing cash flow difficulties, or even going bust. There will be less work around, resulting in keener prices and greater competition ...
Earlier this month the European Commission closed an investigation into a development in the German City of Flensburg. On the facts which the Commission eventually established it decided to close its file and take no further action, but it is the background which is interesting and provides a pointer to what best practice should be – particularly now that the Public Contracts Regulations 2006 have been in force for a number of years ...
Several years ago the Municipal Council in Alexandroupolis invited tenders for a contract to carry out a project in respect of a town plan. Using the appropriate procedure the Council issued a contract notice identifying the award criteria in order of priority (as was required by the relevant rules) ...
A. INTRODUCTIONThe development of transportation infrastructure in the Lower Mainland depends on expropriation of private property ...
The real estate market in Macedonia has been in a state of transition for the last two decades. This period brought the country from a situation in which such investment was seen as a duty primarily fulfilled by State bodies, institutions and enterprises to one in which the sector was left virtually entirely to the private sector ...
Patents offer useful services. With them, the holder can prevent competitors from offering products using the patented technology. In addition to the rights that a patent holder has had up until now (injunction, disclosure, indemnification), now a fourth right is joining in on the action and is continuously gaining in significance. This right involves the right to inspection. It is especially important in the case of process patents and at trade shows ...
Prohibition of Certain Toxic Substances Regulations 2008 - Environment Canada Consultation DocumentEnvironment Canada hold consultations in January 2008 on modifications to the Prohibition of Certain Toxic Substances Regulations, 2005 that would prohibit the manufacture, use, sale, offer for sale and importation of certain toxic substances. The modified regulations would replace the Prohibition of Certain Toxic Substances Regulations, 2005 ...
Firstly the act now expressly states that planning and building shall promote good economic growth and effective competition. This change is a clear signal from the legislator that municipalities must not only take into consideration the social and ecological effects in their planning but also the development of commerce and the provision of commercial service ...
In the autumn of 2007, the rules in the Environmental Code on liability for environmental damage in the form of pollution were made more stringent. The changes were due to the EC directive on environmental liability (1). The liability of businesses operators and property owners has thus become more extensive. Amendments have, inter alia, been made to chapter 10 of the Environmental Code ...
Dykema attorneys were recently involved in an interesting infrastructure project finance transaction relating to the rehabilitation of a portion of the Pennsylvania Convention Center. Dykema represented the lender in this transaction. To complete the transaction, a fairly unusual structure had to evolve ...
Commercial properties groups across Europe are being forced to wait longer to refinance their debts as lenders tighten their belts in the wake of the credit crunch, it has been reported ...
