Articles - Contract issues archive

"Complying with public procurement law"

12 October 2004

Matthew Needham-Laing, in a paper given at the Fenwick Elliott seminar Capital Projects in the Education Sector, provides a brief summary of the existing public procurement regulations and introduces the new European directive that will replace them. In doing so, he identifies the new provisions that will alter existing practice and those provisions that are merely for clarification purposes and can be adopted by public authorities.

"FIDIC: Pink Book: The MDB Harmonised Edition of the Red Book"

August 2010

Frederic Gillion highlights the main features of the Mulitlateral Development Banks (MDBs) Harmonised Edition of the 1999 Red Book (FIDIC Conditiona of Contract for Construction) and key differences between it and the 1999 Red Book. This FIDIC contract is usually referred to as the "Pink Book" or "MDB Harmonised Edition".

“Challenging the tender process – what is the effect of recent case law?"

November 2009

"Letters of Intent: Overcoming the pitfalls"

23 April 2008

Julie Stagg, in a paper given at the 14th Construction Law Update Seminar, discusses the common problems that can arise with letters of intent and sets out practical tips and advice on how to overcome these difficulties.

"Formulating a contract enhances your working arrangements"

30 March 2007

Nicholas Gould in a paper given at a conference organised by White Paper entitled “Achieving More For Less In Construction Procurement and Contractor Management” considers the key provisions that are typically included in construction contracts. The paper focuses on the nature of partnering relationships, the types of binding and non-binding agreements that are available and the ways in which the parties might enhance their working relationships.

"Letters of Intent: Principles and Pitfalls"

31 January 2006

In a briefing paper for clients prepared on 31 January 2006, Matthew Needham-Laing discusses the key points that any party should consider before signing a letter of intent.

"New FIDIC Particular Conditions of Contract for road works in Romania"

November 2011

Frederic Gillion comments on the Romanian government's introduction in March 2011 of new FIDIC conditions of contract applicable to road works, officially to address inconsistencies between the FIDIC forms of contract and Romanian legislation.

"Construction forms' change management supplements"

17 November 2003

Dr Julian Critchlow explains how Fenwick Elliott and Pickavance Consulting have jointly created a change management supplement for each of the major standard construction forms. The supplements set out the changes and additions that would have to be made to each contract in order to make them compliant with the Society of Construction Law Protocol for Delay and Disruption. He gave his paper at the Delay and Disruption in Construction Contracts' Conference held by Pickavance Consulting.

"FIDIC Recoverability of Cost"

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.

"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.