TECBAR meaning

The second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) also introduces a formal mechanism allowing the parties to appoint a ‘protocol referee’ to direct how the Protocol should be conducted or to resolve allegations of non-compliance with it. The Protocol Referee Procedure (PRP) was devised and issued jointly by the Technology and Construction Solicitors’ Association (TeCSA) and the Technology and Construction Bar Association (TECBAR). A copy of the PRP is available here: The referee’s decision is binding upon the parties for the Protocol process—see The decision of the referee below. Until a decision is issued by the referee, however, the PRP does not affect the Protocol process; the time limits continue to run in accordance with the Protocol (PRP para 1.6). How does a party start the procedure? The procedure may only be used if both parties agree to it. In its letter of claim, the claimant should indicate whether it wants the PRP to apply, and the defendant should set out its...

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Taking-Over Certificate The certificate issued by the Engineer under a FIDIC form (or by the Employer under the Silver Book) confirming that the Works, or a Section, have reached the level of completion required by the contract, together with the date this milestone was met; akin to a JCT certificate of practical completion. See Practice Notes: FIDIC contracts 2017—time and FIDIC contracts (pre-2017 editions)—time. Taking off The noting of measured dimensions extracted from drawings or schedules. This is the initial step in assembling bills of quantities. Target cost contract A form of cost reimbursable contract where the contractor is paid the actual cost of delivering the works, subject to a target cost agreed by the parties at project commencement. At completion, an agreed mechanism/formula determines whether there were savings or an overrun—the contractor then either shares any saving...