June 2010
Thomas Young, in an article first prepared for the Practical Law website, considers the definition of "Cost" in the current suite of FIDIC forms of contract and then reviews the circumstances where "Cost" might be recovered.
Contract issues
Click to download PDF"Amending standard contracts: anarchy or common sense"
19 November 2008
David Bebb, in a paper given at the 5th Fenwick Elliott seminar, "Capital Projects in the Education Sector", discusses why parties often feel the need to make so many amendments to the standard forms of contract. Giving examples from the JCT and G/C works forms, David gives examples of amendments, discusses some of the "less clever" amendments and the law of unintended consequences and suggests ways in which the process of negotiating contracts could be made much slicker.
"Procurement and Supply Contracts in the Construction Industry"
6 December 2007
Simon Tolson, in a paper given at the Procurement in Construction Law Conference organised by Butterworths, discusses the various procurement and tendering options available on construction projects. He sets out some of the potential traps for the unwary and provides practical advice on the best ways to avoid those traps. Amongst the issues Simon considers are the difference between a tender and an estimate, problems with traditional tendering processes, good faith in tendering, and the impact of EU legislation.
"NEC3: Early Warning and Compensation Events"
January 2007
Nicholas Gould, in a paper prepared for clients, sets out how the NEC form of contract deals with compensation events. The article includes discussion of early warning and notice procedures.
"Partnering - threats and opportunities"
12 October 2004
Dr Julian Critchlow, in a paper given at the Fenwick Elliott seminar Capital Projects in the Education Sector, explores the relationship between partnering and the contractual structure of a project and provides some examples of successful partnering case histories.
"Tendering? Know your contract!"
November 2009
David Bebb, in paper given at the first Fenwick Elliott Procurement Update Seminar, reviews some of the important changes made by the JCT in revision 2 to the 2005 Standard Contracts, looks at some of the less well-known clauses in the GC/Works Contracts and also discusses the effect of some of the common amendments to the Standard Form Contracts.
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