1 November 2005
Matthew Needham-Laing, in a paper given at the second Fenwick Elliott seminar, Capital Projects in the Education Sector, explores some of the benefits to both Employer and Contractor of the new JCT suite of contracts.
Click to download PDF"'Hot topics' in procurement"
November 2009
Barry Hembling, in a paper given at the latest Fenwick Elliott Capital Projects in the Education Sector Seminar discusses the current key issues in procurement law. These include looking at when the EU procurement laws actually apply, asking who can bring a claim for breach of the procurement rules and reviewing what remedies are available for breach of those rules.
"FIDIC an overview: the latest developments, comparisons, claims and a look into the future"
2 September 2008
"Time and Money: Time bar clauses"
5 October 2007
Nicholas Gould in a paper given at the FIDIC Contracts Conference 2007, discusses time bar clauses, with particular reference to Clause 20.1 of the FIDIC form. Are time bar clauses effective in disallowing any claim a contractor may have that might otherwise be legally recognisable?
"Payment, security and challenging times"
December 2011
Julie Stagg, in a paper given at the last Capital Projects in the Education Sector Seminar summarises the recent changes to the payment regime and offers practical advice to assist clients in dealing with the new process. The paper goes on to consider the issue of performance and payment security, which is of great importance when facing an uncertain future economically. Finally, the paper considers what other protection may be available to clients in the sector to relieve the adverse consequences of contractor insolvency.
"Liability for defects in construction contracts – who pays and how much?"
10 October 2006
Jeremy Glover, in a paper given for the Academie voor da Rechtspraktijk at the Kasteel Ammersoyen, in the Netherlands, reviews how a typical English contract treats defects from the viewpoint of the relationship between the employer and the contractor, looks at some of the problem caused by limitation and finally considers how damages for defects are assessed.