Henry Brothers – putting the boot into frameworks?
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The partnering approach in construction (advocated by the Egan and Latham reports) stresses the importance of longer relationships and continuous improvement over the former “lowest price wins” culture, as a means of reducing claims and delivering greater predictability in terms of time and cost of projects. Thus many public sector clients have focussed on two stage tendering and have created frameworks which aim to incentivise better performance over a period of time and a number of projects.
A recent case (Henry Brothers –v- Department of Education for Northern Ireland), raises serious implications for this approach. Simon McCann will look at the effect of the recent Northern Ireland decisions on frameworks, and on collaborative and ‘two-stage’ tendering generally.
Simon is a commercial/projects partner at Morgan Cole Solicitors, who specialises in major public/private projects and also advises on public procurement
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