January 2013
In a paper written for the Procurement Journal, Jeremy Glover examines the use of expert evidence in procurement disputes.
Jeremy looks at the case of BY Developments Ltd v Covent Garden Market Authority [2012], which was heard before Coulson J. This case raised important issues about the extent to which, if at all, expert evidence can be admissible or relevant in a procurement dispute under the Public Contracts Regulations.
December 2012
Nicholas Gould’s short article focuses on suspension and termination of construction contracts looking at the mistakes commonly made when the contractual procedures - such as issuing notices and allowing the relevant time periods to lapse - are not followed before suspending or terminating a contract.
Identifying the correct applicable law is, therefore, always important and in the UAE particularly important to avoid a court order.
November 2012
In an article written for Autumn’s edition of International Quarterly, Jeremy Glover discusses what legal and contractual implications BIM may have on construction projects.
Could BIM alter the traditional allocation of responsibilities between the client, contractor, designers and suppliers? Should the contract be altered to account for the use of BIM? Jeremy addresses these questions and gives advice on how you can ensure you are legally prepared for BIM Level 2 on your projects.
November 2012
In this paper, Julian Critchlow discusses the implications of the Walter Lilly v Mackay case, giving information on concurrent delay, delay analysis, global claims, proving loss and expense and recovering monies where liability settled with a third party.
June 2012
In a paper written for the University of Vienna, Nicholas Gould discusses construction defects taking into consideration differing viewpoints and interests. Also under consideration is whether the defect is due to a lack of maintenance or normal wear and tear – is it substantial or just a nuisance claim? Nicholas discusses deficiencies in design, material, workmanship or specification issues looking at English construction contracts for clarification on where the responsibility lies and to what degree the damages are covered.
June 2012
In a paper written for a recent seminar, Nicholas Gould considers the liability of a contractor under a traditional contract, such as the standard form JCT SBC, and the liability of a contractor under a design and build contract, comparing a ‘simple’ contract with a standard form contract such as the JCT DB. In order to do this, Nicholas discusses design liability, express contract terms, liability in tort and the sources of legal liability of a building contractor.
June 2012
In this paper written for the University of Vienna, Nicholas Gould outlines the distinction between lump sum contracts, re measurement and ascertaining the price based on a quantum meruit. It then considers how the work and price might be varied. Design obligation can make it more difficult to ascertain if a change has occurred as a development of the design might not amount to a change in the contractual performance obligations.
June 2012
In this paper, Nicholas Gould considers the general principles of termination, the right to terminate or claim damages or both, common law termination, contractual termination and clauses, suspension, contractual procedures for termination and suspension and entitlement to damages and costs arising from termination.
February 2012
In this paper, Nicholas Gould considers some of the basic concepts of sub-contracting in the construction industry. By its nature, therefore, this paper touches upon many other substantive areas of law that are central to the study of construction law and will consider some of the problematic issues arising in respect of the relationship between employers, main contractors and sub-contractors, as well as exploring issues arising in respect of nomination and its failures.
February 2012
David Toscano looks at the impact of the recent worldwide political turmoil on construction contracts, looking in particular at force majeure as insurance.
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