December 2011
David Bebb, in a paper given at the last Capital Projects in the Education Sector Seminar, looks at some of the most common amendments to standard contracts designed to shift risk firmly to the contractor’s doorstep and offers some tips on negotiating your way into a position where you can sleep a little easier at night.
September 2011
In this paper, Nicholas Gould reviews some of the standard form contracts that are currently available for use in the construction industry. A review of the standard forms cannot be separated from the procurement pathways that are used in the industry, so the two are considered in parallel. It is important to consider the procurement pathway first in order to select the appropriate standard form contract, especially as there are so many published and available for use in the construction industry
November 2011
In a paper presented at Fenwick Elliott's Construction Law Update Seminar, Ted Lowery provides a guide to bonds and guarantees explaining the different principles that apply to primary and secondary obligations and focusing on common pitfalls to avoid when negotiating these types of instrument.
19 November 2008
Jeremy Glover, in a paper given at the 5th Fenwick Elliott seminar, "Capital Projects in the Education Sector", summarises the EU Procurement Rules from the viewpoint of framework agreements, takes a look at some of the proposed future changes to those rules, (including the proposed new "ineffectiveness" remedy) reviews the recent cases coming out of Europe, Northern Ireland and England & Wales and finally discusses confidentiality and the competitive dialogue procedure.
February 2008
Jeremy Glover, in a paper prepared for the MSC in Construction Law and Arbitration course at King’s College, London, discusses issues relevant to international procurement by reference to the FIDIC form of contract and the approach of the World Bank.
29 January 2007
In the light of evidence that its use is on the up, Simon Tolson summarises and reviews some of the underlying principles of the JCT Major Projects Form. In particular, he considers questions relating to risks, responsibilities and contractor freedom together with novation, extension of time entitlements, practical completion, payment issues, insurance and third-party rights.
Click to download PDF