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"Cost Management Orders (Solicitors’ perspective)"

December 2012

In this paper, Nicholas Gould considers how the Costs Management Pilot is being received, the role of the judge, Form HB and the client’s view of the process.

Most feedback received indicates that costs management is a new discipline that requires skill and practice, but which can be learnt.

"Expert determination: an update"

December 2012

In this paper, Nicholas Gould considers the use of expert determination in resolving construction disputes.

Expert determination has been used for many years as a means of independent valuation, but it lends itself particularly well to the economic and definitive resolution of valuation based disputes in the construction industry. Nicholas discusses why he thinks it could be used more frequently and even included within the contracts at the outset.

"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.

"Giving evidence as a witness of fact in the civil courts: the perils and pitfalls"

November 2012

In this paper, given at Fenwick Elliott’s recent Construction Law Update Seminar, Ted Lowery discusses some of the challenges facing ordinary members of the public who are called to give evidence in the Civil Courts. Ted outlines the key requirements for the client, the solicitor and the witness in order to prepare for cross-examination.

"The Costs Management Pilot Research Project - update"

October 2012

The Cost Management Pilot Research Project started in the Technology and Construction Courts (TCC0 and the mercantile court on 1 October 2011 and is scheduled to run until 31 March 2013. This paper considers how the cost pilot is being received, the role of the Judge, factors to take into account when completing Form HB and the client's view of the process. Fenwick Elliott LLP acknowledges the kind permission of the Society of Construction Law and the authors to reproduce the paper.

"Building Information Modelling (BIM) & English Law"

October 2012

The government’s construction strategy requires that all government projects utilise a fully collaborative 3D computer model (Level 2) by 2016, with all project and asset information, documentation and data being electronic. There is no doubt that BIM is the construction industry’s buzzword at the moment, but as Stacy Sinclair considers, what are the legal and contractual implications of the implementation of BIM on your project?