June 2014
Nicholas Gould discusses successful contract drafting and management techniques in his paper from the Construction Law: Contracts and Dispute Management conference.
Articles - Contract issues archive
Click to download PDF"Mind your language: Are you sure your bespoke contract is tight enough?"
March 2014
In this article written for the RIBA Journal March 2014, Stacy Sinclair discusses the Pickard Finlason Partnership Ltd v Mr and Mrs Lock case and why you should take care when drafting bespoke, complex provisions.
"Getting the Deal Through – Construction 2014"
February 2014
In this publication Stacy Sinclair answers questions on English law ranging from bribery to mediation and everything in between. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Construction 2014, (published in August, 2013; contributing editor: Robert S Peckar of Peckar & Abramson, PC). For further information please visit www.GettingTheDealThrough.com.
"Changes ahead: public procurement 2014"
May 2013
At the end of 2011, after extensive public consultation, the European Commission published its proposals for simplifying and modernising the public procurement regime. It is not expected that the proposals will become law in the UK before June or July 2014. However, the Commission is now in the process of making the final revisions to the relevant Directives. In this article Julie Teal discusses the changes and whether they are good news.
"FIDIC issue Guidance on DAB Decisions"
April 2013
Nicholas Gould discusses the recently issued FIDIC Guidance Note which deals with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions. The new Guidance Note suggests amendments to clause 20. These changes are as a result of confusion in the nature of the decision, and the manner in which a dispute about a DAB decision is then dealt with in arbitration. The amendments to the FIDIC provisions should be included in future contracts and will avoid any problems of this nature.
"Amending Clause 13.1 of FIDIC – protracted negotiations"
2 April 2013
In an article written for Issue 05 of International Quarterly, Jatinder Garcha discusses issues which typically arise during the pre-contract negotiations about the sub-clause 13.1 FIDIC variation procedure.
"Defining the difference between on-demand bonds and guarantees"
March 2013
In an article written for Issue 05 of International Quarterly, Jeremy Glover defines on-demand bonds and guarantees. Bonds, guarantees, performance security or whatever they are called form an important part of every major international contract. Despite this, there are a regular number of cases, in many different jurisdictions, where the courts are asked to decide what the nature of the particular project security actually is. Is the security an on-demand bond or guarantee?
"Can you imply good faith into agreements made under English law?"
25 March 2013
In an article written for Issue 05 of International Quarterly, Jeremy Glover discusses whether there has been a change in the approach of the English courts to the question of whether or not English law does or should recognize a general duty to perform contracts in good faith.
"Paid by results"
February 2013
In an article first published in the RICS Construction Journal, February – March 2013, Nicholas Gould and James Mullen consider the impact on parties to construction contracts of recent court rulings concerning an adjudicator’s right to recover fees, ad hoc agreements and set-off.
"Bonds and Guarantees: Classifying a security document as a guarantee or an on-demand bond remains problematic"
January 2013
Nicholas Gould discusses the recent case of Wuhan Guoyu Logistics Group Co Limited & Others v Emporiki Bank of Greece SA where the Court of Appeal reversed the first instance decision of the Commercial Court that a security document was a guarantee rather than an on-demand bond. However, neither the first instance judge nor the Court of Appeal found the case particularly easy and so the guidance given by the Court of Appeal will be helpful in distinguishing on-demand bonds from guarantees in the future.