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Contract issues

"EU Procurement: pitfalls, practice and possible solutions"

19 November 2008

Jeremy Glover, in a paper given at the 5th Fenwick Elliott seminar, "Capital Projects in the Education Sector", summarises the EU Procurement Rules from the viewpoint of framework agreements, takes a look at some of the proposed future changes to those rules, (including the proposed new "ineffectiveness" remedy) reviews the recent cases coming out of Europe, Northern Ireland and England & Wales and finally discusses confidentiality and the competitive dialogue procedure.

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"International Procurement, Development Bank Procurement and FIDIC"

February 2008

Jeremy Glover, in a paper prepared for the MSC in Construction Law and Arbitration course at King’s College, London, discusses issues relevant to international procurement by reference to the FIDIC form of contract and the approach of the World Bank.

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"The JCT Major Projects Form"

29 January 2007

In the light of evidence that its use is on the up, Simon Tolson summarises and reviews some of the underlying principles of the JCT Major Projects Form. In particular, he considers questions relating to risks, responsibilities and contractor freedom together with novation, extension of time entitlements, practical completion, payment issues, insurance and third-party rights.

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"Mastering Contracts: JCT 2005"

1 November 2005

Matthew Needham-Laing, in a paper given at the second Fenwick Elliott seminar, Capital Projects in the Education Sector, explores some of the benefits to both Employer and Contractor of the new JCT suite of contracts.

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"'Hot topics' in procurement"

November 2009

Barry Hembling, in a paper given at the latest Fenwick Elliott Capital Projects in the Education Sector Seminar discusses the current key issues in procurement law. These include looking at when the EU procurement laws actually apply, asking who can bring a claim for breach of the procurement rules and reviewing what remedies are available for breach of those rules.

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"FIDIC an overview: the latest developments, comparisons, claims and a look into the future"

2 September 2008

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Links
[1] https://www.fenwickelliott.com/sites/default/files/Public%20Procurement%20and%20the%20EU%20Regulations.pdf [2] https://www.fenwickelliott.com/sites/default/files/International%20procurement%2C%20development%20bank%20procurement%20and%20FIDIC.pdf [3] https://www.fenwickelliott.com/sites/default/files/Contract%2013%20-%20The%20JCT%20Major%20Projects%20form.pdf [4] https://www.fenwickelliott.com/sites/default/files/Contract%206%20-%20Mastering%20Contracts%20-%20JCT%202005.pdf [5] https://www.fenwickelliott.com/sites/default/files/Hot%20Topics%20in%20procurement.pdf [6] https://www.fenwickelliott.com/sites/default/files/FIDIC.pdf [7] https://www.fenwickelliott.com/print/research-insight/articles-papers/contract-issues?page=12