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.
"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
"Design Liability, Defective Buildings and Remedies at Law 2007"
12 September 2007
Simon Tolson, in a paper given to the IBC Construction Law Summer School held at Queen’s College, Cambridge, analyses the subjects of design risk, responsibility for design, redress when it all goes wrong and the court’s approach to the assessment of damages. In addition, he considers questions of design liability under the JCT 05, JCT Major Projects Form and NEC3 Contracts.