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IACCM Contract Management Forum

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APM Group
2014-09-14 13:08:25

Recent UK Legal chnages

I was told recently about a change to UK Law affecting contracts and the length of time and the quantity of evidence that had to be retained as a result. Please can someone give me more details such as the name of the legislation?
 
 •   2014-09-16 19:18:00
Yes I agree, please share with me, I would like to see the legislation and I have recently observed the change in contractor's attitude in negotiation from UK.
 
 
 •  Ministry of Justice  •   2015-03-11 06:27:23
The most recent change is the implementation of the European Directives into UK Law, through the issue of the 2015 Public Contracts Regulations. This dictates Government procurement rather than standard commercial arrangements. Section 83 indicates a minimum contract record retention of the contract duration where they are over a certain value: As most contracts have an extended liability life of at least 6 years and as we have a wider obligation to maintain public records, then policy in my government Department is to err on the side of caution and retain for 6-7 years. The legislation is found HERE www.legislation.gov.uk/uksi/2015/102/pdfs/uksi_20150102_en.pdf
 
 
 •  Foreign and Commonwealth Office  •   2017-10-20 09:25:25
I'm not sure what the change of law mentioned could relate to - other than what Shaun is referencing.

I would look to follow i) your organisations own information management policy (if it exists - as they should have taken account of relevant law/regulations for your company); or ii) if there is no records policy - then as Shaun says, capturing information and storing information based on the potential risk of claims which would be capped based on the Limitations Act 1980.

The only thing I'd add to point below (for England and Wales jurisdiction) is anything executed as a deed has a limitation period of twelve years rather than six.
 
 
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