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.
"Design risk, defective buildings and the damages seesaw"
September 2006
Simon Tolson, in a paper given to the IBC Construction Law Summer School which takes place in Cambridge every September, discusses design responsibility under the JCT 05, JCT Major Projects Form and ECC contracts. The aim of the paper is to address design risk responsibility in construction contracts, redress for defective works and the damages seesaw predicated upon the approach of the Courts to the assessment of damages.
Recent developments in procurement law
November 2011
Jeremy Glover, in a paper given at the last Fenwick Elliott Construction Law Update Seminar, considers the impact of recent court decisions on pre-procurement planning and strategy. In particular he analyses the impact of the Remedies Directive and automatic suspension both in practice and before the courts. Finally with reference to the resolution of the European Parliament on 25 October 2011, he looks at the extent to which the procurement regulations may change in the future.