"The art of negotiation in a difficult market"

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.

"Standard forms: JCT 2005, NEC3 and the Virtual Contract"

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

"Bonds and guarantees"

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.

"Partnering - threats and opportunities"

12 October 2004

Dr Julian Critchlow, in a paper given at the Fenwick Elliott seminar Capital Projects in the Education Sector, explores the relationship between partnering and the contractual structure of a project and provides some examples of successful partnering case histories.

"Tendering? Know your contract!"

November 2009

David Bebb, in paper given at the first Fenwick Elliott Procurement Update Seminar, reviews some of the important changes made by the JCT in revision 2 to the 2005 Standard Contracts, looks at some of the less well-known clauses in the GC/Works Contracts and also discusses the effect of some of the common amendments to the Standard Form Contracts.

"Framework Agreements : Practice and Pitfalls"

22 May 2008

Jeremy Glover, in a paper given at the Construction Law 2008 conference organised by Butterworths, held at Holborn Bars, London, discusses the purpose and workings of framework agreements with particular reference to the JCT and NEC3 standard forms. The paper also considers the impact of the EU procurement rules