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.
"Procurement and Supply Contracts in the Construction Industry"
6 December 2007
Simon Tolson, in a paper given at the Procurement in Construction Law Conference organised by Butterworths, discusses the various procurement and tendering options available on construction projects. He sets out some of the potential traps for the unwary and provides practical advice on the best ways to avoid those traps. Amongst the issues Simon considers are the difference between a tender and an estimate, problems with traditional tendering processes, good faith in tendering, and the impact of EU legislation.
"NEC3: Early Warning and Compensation Events"
January 2007
Nicholas Gould, in a paper prepared for clients, sets out how the NEC form of contract deals with compensation events. The article includes discussion of early warning and notice procedures.