November 2009
The New Remedies Directive comes into effect on 20 December 2009. Igor Bichenkov explains how it might affect you.
Articles - Contract issues archive
Click to download PDF"Liability for Defects in Construction Contracts – Who pays and how much?"
23 April 2008
Jeremy Glover, in a paper given at the 14th Construction Law Update Seminar, reviews how a typical English contract treats defects from the viewpoint of a relationship between the employer and the contractor and considers how damages for defects are assessed.
"NEC3: The construction contract of the future?"
8 February 2007
Nicholas Gould, in a paper given to the Society of Construction Law Conference in Singapore, provides a summary and overview of the 3 rd edition of the New Engineering Contract.
"Design risk, defective buildings and the damages seesaw"
September 2006
Simon Tolson, in a paper given to the IBC Construction Law Summer School which takes place in Cambridge every September, discusses design responsibility under the JCT 05, JCT Major Projects Form and ECC contracts. The aim of the paper is to address design risk responsibility in construction contracts, redress for defective works and the damages seesaw predicated upon the approach of the Courts to the assessment of damages.
Recent developments in procurement law
November 2011
Jeremy Glover, in a paper given at the last Fenwick Elliott Construction Law Update Seminar, considers the impact of recent court decisions on pre-procurement planning and strategy. In particular he analyses the impact of the Remedies Directive and automatic suspension both in practice and before the courts. Finally with reference to the resolution of the European Parliament on 25 October 2011, he looks at the extent to which the procurement regulations may change in the future.
Earlier articles - in HTML format
Never put off till tomorrow what you can do today
2000
Simon Tolson provides an introduction to health and safety law for those in the construction industry, including a reminder that every participant in the construction process must address health and safety issues. His article appeared in the Construction Law Review 2000 (a supplement to Civil Engineering Surveyor).
Click to read full article
We don’t need a contract, we’re partnering
"Making claims for time and money"
17 October 2008
Nicholas Gould, in a paper given to the Sweet & Maxwell Construction Law 2008 conference, reviews the impact of notice provisions. In doing so, he discusses clause 20.1 of the FIDIC Form and considers whether or not this amounts to a time bar or condition precedent which has the effect of disallowing any claim a contractor may have that may otherwise be legally recognisable.
"Roles and Relationships Within the Project: the Employer"
5 October 2007
Jeremy Glover in a paper given to the FIDIC Contracts Conference 2007, discusses the roles and responsibilities of the Employer under the FIDIC form. In particular, the paper focuses on three issues, employer claims, payment and determination.
"Standard Forms: Standardisation, Bastardisation and the Virtual Contract"
8 November 2006
Nicholas Gould, reviews some of the standard forms and considers some of the basic principles relating to their use in the construction industry. Amongst the issues and contracts considered are the traditional procurement standard forms, the new JCT 2005 suite, the ICE 7 th Edition, the NEC 3 rd edition and the GC/Works contract. Nicholas also considers some of the options available relating to partnering.