"Tendering? Know your contract!"

November 2009

David Bebb, in paper given at the first Fenwick Elliott Procurement Update Seminar, reviews some of the important changes made by the JCT in revision 2 to the 2005 Standard Contracts, looks at some of the less well-known clauses in the GC/Works Contracts and also discusses the effect of some of the common amendments to the Standard Form Contracts.

"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.

"Novation: Principles and Pitfalls"

31 January 2006

In a briefing paper for clients prepared on 31 January 2006, Matthew Needham-Laing discusses the key points that any party should consider when dealing with the issue of novation.

"FIDIC: Termination by the Employer under the Red and Yellow Books"

August 2010

Rebecca Saunders, in an article first prepared for the Practical Law website, considers the termination by the Employer under the 1999 FIDIC Red and Yellow Books (the termination provisions of both forms of contract are identical). Termination by the Employer must be distinguished from termination by the Contractor; the rights and obligations of a terminating Contractor differ from those of a terminating Employer. This note deals only with termination by the Employer.

"Comparing and contrasting the partnering agreements out there"

26 March 2004

Dr Julian Critchlow in a talk given at the White Paper Conference Company seminar entitled " Making partnering work in social housing projects" explores how partnering can be tied up with a workable contract. In doing so, he discusses the merits of relying solely on the traditional forms of contract, the key features of the partnering contracts (NEC Option X12 and PPC 2000) together with other issues including risk management, the transfer of financial liabilities and potential areas of exposure.