Latest Legal News
Latest Legal News
NEC: Can a Client be the Project Manager?
Chris Mackay considers a recent court judgment about the NEC contract and asks: can a client be a Project Manager?
NEC allocates duties to the Project Manager (PM) which include agency duties on behalf of the Employer (e.g. giving instructions to vary the works), and decision making functions (e.g. deciding the date of Completion). In performing his, or her, decision making function the PM is required to act in a manner which has variously been described as independent, impartial, fair and honest.
Can the Client appoint himself as PM?
Charitable ALEOS in the Firing Line?
Scottish charitable ALEOs (Arm’s Length External Organisations) are in the spotlight again, but this time there is a real threat to part of their raison d’être.
The Barclay Review, led by former RBS chair, Ken Barclay, has recommended that leisure facilities managed by charitable ALEOs should no longer benefit from rates relief. Those behind the report state that its intention is not to penalise certain business sectors, but to level the playing field. It highlights the potential for unfair competition - w
Scottish High Street Suffering – Then Let’s Rethink the Plan….
The Scottish Retail Consortium recently reported that almost one in ten retail premises in Scotland now lies empty. Retail footfall in Scotland fell in July and there are a dwindling number of months in any year where any growth at all is evident.
Perhaps unexpectedly, shopping centres are faring worst of all. While the fall seen in Scottish high streets (-0.6% in July) is slightly less arresting it carries on a trend that has been seen over many years. Significantly, footfall in retail parks saw a healthy increase in the same period.
While this i