"Scheduling and executing the project: delay, disruption and change management"

September 2004

Nicholas Gould, in a paper given to the IBA Conference on "Construction Projects from Conception to Completion" held in Brussels, considers some of the legal issues arising from the execution of a project in relation to delay and disruption. The paper considers the need to prove cause and effect, float, concurrency, dominant cause, proximate cause and apportionment. In addition, the paper discusses change management - one of the key building blocks of the Society of Construction Law's delay and disruption protocol.

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Fenwick Elliott Guide to the Remedies Directive

November 2009

The New Remedies Directive comes into effect on 20 December 2009. Igor Bichenkov explains how it might affect you.

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"Liability for Defects in Construction Contracts – Who pays and how much?"

23 April 2008

Jeremy Glover, in a paper given at the 14th Construction Law Update Seminar, reviews how a typical English contract treats defects from the viewpoint of a relationship between the employer and the contractor and considers how damages for defects are assessed.

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"NEC3: The construction contract of the future?"

8 February 2007

Nicholas Gould, in a paper given to the Society of Construction Law Conference in Singapore, provides a summary and overview of the 3 rd edition of the New Engineering Contract.

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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.

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"Design risk, defective buildings and the damages seesaw"

September 2006

Simon Tolson, in a paper given to the IBC Construction Law Summer School which takes place in Cambridge every September, discusses design responsibility under the JCT 05, JCT Major Projects Form and ECC contracts. The aim of the paper is to address design risk responsibility in construction contracts, redress for defective works and the damages seesaw predicated upon the approach of the Courts to the assessment of damages.

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