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.

"RICS legal issues in construction – JCT contract"

January 2010

Earlier articles - in HTML format

Never put off till tomorrow what you can do today
2000

Simon Tolson provides an introduction to health and safety law for those in the construction industry, including a reminder that every participant in the construction process must address health and safety issues. His article appeared in the Construction Law Review 2000 (a supplement to Civil Engineering Surveyor).
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We don’t need a contract, we’re partnering

"Making claims for time and money"

17 October 2008

Nicholas Gould, in a paper given to the Sweet & Maxwell Construction Law 2008 conference, reviews the impact of notice provisions. In doing so, he discusses clause 20.1 of the FIDIC Form and considers whether or not this amounts to a time bar or condition precedent which has the effect of disallowing any claim a contractor may have that may otherwise be legally recognisable.

"Roles and Relationships Within the Project: the Employer"

5 October 2007

Jeremy Glover in a paper given to the FIDIC Contracts Conference 2007, discusses the roles and responsibilities of the Employer under the FIDIC form. In particular, the paper focuses on three issues, employer claims, payment and determination.

"Standard Forms: Standardisation, Bastardisation and the Virtual Contract"

8 November 2006

Nicholas Gould, reviews some of the standard forms and considers some of the basic principles relating to their use in the construction industry. Amongst the issues and contracts considered are the traditional procurement standard forms, the new JCT 2005 suite, the ICE 7 th Edition, the NEC 3 rd edition and the GC/Works contract. Nicholas also considers some of the options available relating to partnering.