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.
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 when dealing with the issue of novation.
August 2010
Rebecca Saunders, in an article first prepared for the Practical Law website, considers the termination by the Employer under the 1999 FIDIC Red and Yellow Books (the termination provisions of both forms of contract are identical). Termination by the Employer must be distinguished from termination by the Contractor; the rights and obligations of a terminating Contractor differ from those of a terminating Employer. This note deals only with termination by the Employer.
26 March 2004
Dr Julian Critchlow in a talk given at the White Paper Conference Company seminar entitled " Making partnering work in social housing projects" explores how partnering can be tied up with a workable contract. In doing so, he discusses the merits of relying solely on the traditional forms of contract, the key features of the partnering contracts (NEC Option X12 and PPC 2000) together with other issues including risk management, the transfer of financial liabilities and potential areas of exposure.
Click to download PDF