Contract issues

"Bonds and Guarantees: Classifying a security document as a guarantee or an on-demand bond remains problematic"

January 2013

Nicholas Gould discusses the recent case of Wuhan Guoyu Logistics Group Co Limited & Others v Emporiki Bank of Greece SA where the Court of Appeal reversed the first instance decision of the Commercial Court that a security document was a guarantee rather than an on-demand bond. However, neither the first instance judge nor the Court of Appeal found the case particularly easy and so the guidance given by the Court of Appeal will be helpful in distinguishing on-demand bonds from guarantees in the future.

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"Moving the stalls"

January 2013

In a paper written for the Procurement Journal, Jeremy Glover examines the use of expert evidence in procurement disputes.

Jeremy looks at the case of BY Developments Ltd v Covent Garden Market Authority [2012], which was heard before Coulson J. This case raised important issues about the extent to which, if at all, expert evidence can be admissible or relevant in a procurement dispute under the Public Contracts Regulations.

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"Legal issues surrounding Building Information Modelling (BIM)"

November 2012

In an article written for Autumn’s edition of International Quarterly, Jeremy Glover discusses what legal and contractual implications BIM may have on construction projects.

Could BIM alter the traditional allocation of responsibilities between the client, contractor, designers and suppliers? Should the contract be altered to account for the use of BIM? Jeremy addresses these questions and gives advice on how you can ensure you are legally prepared for BIM Level 2 on your projects.

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"Walter Lilly and Company Limited v. GPC Mackay, and DMW Developments Limited"

November 2012

In this paper, Julian Critchlow discusses the implications of the Walter Lilly v Mackay case, giving information on concurrent delay, delay analysis, global claims, proving loss and expense and recovering monies where liability settled with a third party.

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"UAE – Civil Code: Suspension and Termination of Construction Contracts"

December 2012

Nicholas Gould’s short article focuses on suspension and termination of construction contracts looking at the mistakes commonly made when the contractual procedures - such as issuing notices and allowing the relevant time periods to lapse - are not followed before suspending or terminating a contract.

Identifying the correct applicable law is, therefore, always important and in the UAE particularly important to avoid a court order.

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"Design and Build Contracts and Liability"

June 2012

In a paper written for a recent seminar, Nicholas Gould considers the liability of a contractor under a traditional contract, such as the standard form JCT SBC, and the liability of a contractor under a design and build contract, comparing a ‘simple’ contract with a standard form contract such as the JCT DB. In order to do this, Nicholas discusses design liability, express contract terms, liability in tort and the sources of legal liability of a building contractor.

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Key contact

Jeremy Glover

Tel: +44 (0)20 7421 1986
LinkedIn
jeremyrglover