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.
"EU Procurement: pitfalls, practice and possible solutions"
19 November 2008
Jeremy Glover, in a paper given at the 5th Fenwick Elliott seminar, "Capital Projects in the Education Sector", summarises the EU Procurement Rules from the viewpoint of framework agreements, takes a look at some of the proposed future changes to those rules, (including the proposed new "ineffectiveness" remedy) reviews the recent cases coming out of Europe, Northern Ireland and England & Wales and finally discusses confidentiality and the competitive dialogue procedure.
"International Procurement, Development Bank Procurement and FIDIC"
February 2008
Jeremy Glover, in a paper prepared for the MSC in Construction Law and Arbitration course at King’s College, London, discusses issues relevant to international procurement by reference to the FIDIC form of contract and the approach of the World Bank.