The Institution of Engineering and Technology and the Institution of Mechanical Engineers have recently published revision 6 to MF/1.
In the new revision the numbering remains broadly the same, although there are additional sub-numbers and the layout has been updated. This makes it more easy to read. For instance the definitions section is now in alphabetical order.
There is also a greater reliance on completing the Appendix. The precedence of documents (clause 4) is now that listed in the Appendix. The adjudication provisions are now Special Condition 2. In order for them to apply the Appendix has to be completed stating that Special Condition 2 applies. The applicable law is no longer automatically English law, but rather the law stated in the Appendix.
Some of the other changes that I have so far noted are:
- Clause 2.6. The Contractor now only has 14 days after receiving the Engineer’s decision or order or instruction to give notice to the Engineer (in rev 5 it had 21 days).
- Clause 39 (certificates and payments) has been amended quite significantly to take into account the introduction of payment notices, default payment notices and pay less notices introduced by the 2011 changes to the Construction Act.
- There is a new clause 44.5 (limitations on liability) which makes it clear that any limitation of liability available to the Contractor, applies to the any employee, supplier or agent of the Contractor or any Sub-Contractor.