May 2013
At the end of 2011, after extensive public consultation, the European Commission published its proposals for simplifying and modernising the public procurement regime. It is not expected that the proposals will become law in the UK before June or July 2014. However, the Commission is now in the process of making the final revisions to the relevant Directives. In this article Julie Teal discusses the changes and whether they are good news.
April 2013
Nicholas Gould discusses the recently issued FIDIC Guidance Note which deals with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions. The new Guidance Note suggests amendments to clause 20. These changes are as a result of confusion in the nature of the decision, and the manner in which a dispute about a DAB decision is then dealt with in arbitration. The amendments to the FIDIC provisions should be included in future contracts and will avoid any problems of this nature.
2 April 2013
In an article written for Issue 05 of International Quarterly, Jatinder Garcha discusses issues which typically arise during the pre-contract negotiations about the sub-clause 13.1 FIDIC variation procedure.
March 2013
In an article written for Issue 05 of International Quarterly, Jeremy Glover defines on-demand bonds and guarantees. Bonds, guarantees, performance security or whatever they are called form an important part of every major international contract. Despite this, there are a regular number of cases, in many different jurisdictions, where the courts are asked to decide what the nature of the particular project security actually is. Is the security an on-demand bond or guarantee?
25 March 2013
In an article written for Issue 05 of International Quarterly, Jeremy Glover discusses whether there has been a change in the approach of the English courts to the question of whether or not English law does or should recognize a general duty to perform contracts in good faith.
February 2013
In an article first published in the RICS Construction Journal, February – March 2013, Nicholas Gould and James Mullen consider the impact on parties to construction contracts of recent court rulings concerning an adjudicator’s right to recover fees, ad hoc agreements and set-off.
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