February 2012
David Toscano looks at the impact of the recent worldwide political turmoil on construction contracts, looking in particular at force majeure as insurance.
Click to download PDF"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.
"Standard Forms: Standardisation, Bastardisation and the Virtual Contract"
8 November 2006
Nicholas Gould, reviews some of the standard forms and considers some of the basic principles relating to their use in the construction industry. Amongst the issues and contracts considered are the traditional procurement standard forms, the new JCT 2005 suite, the ICE 7 th Edition, the NEC 3 rd edition and the GC/Works contract. Nicholas also considers some of the options available relating to partnering.
"FIDIC: Pink Book: The MDB Harmonised Edition of the Red Book"
August 2010
Frederic Gillion highlights the main features of the Mulitlateral Development Banks (MDBs) Harmonised Edition of the 1999 Red Book (FIDIC Conditiona of Contract for Construction) and key differences between it and the 1999 Red Book. This FIDIC contract is usually referred to as the "Pink Book" or "MDB Harmonised Edition".