Contract issues

"Defects & Defect Liability Period"

June 2012

In a paper written for the University of Vienna, Nicholas Gould discusses construction defects taking into consideration differing viewpoints and interests. Also under consideration is whether the defect is due to a lack of maintenance or normal wear and tear – is it substantial or just a nuisance claim? Nicholas discusses deficiencies in design, material, workmanship or specification issues looking at English construction contracts for clarification on where the responsibility lies and to what degree the damages are covered.

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"Design and Build Contracts and Liability"

June 2012

In a paper written for a recent seminar, Nicholas Gould considers the liability of a contractor under a traditional contract, such as the standard form JCT SBC, and the liability of a contractor under a design and build contract, comparing a ‘simple’ contract with a standard form contract such as the JCT DB. In order to do this, Nicholas discusses design liability, express contract terms, liability in tort and the sources of legal liability of a building contractor.

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"Variation and design"

June 2012

In this paper written for the University of Vienna, Nicholas Gould outlines the distinction between lump sum contracts, re measurement and ascertaining the price based on a quantum meruit. It then considers how the work and price might be varied. Design obligation can make it more difficult to ascertain if a change has occurred as a development of the design might not amount to a change in the contractual performance obligations.

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"Subcontracts"

February 2012

In this paper, Nicholas Gould considers some of the basic concepts of sub-contracting in the construction industry. By its nature, therefore, this paper touches upon many other substantive areas of law that are central to the study of construction law and will consider some of the problematic issues arising in respect of the relationship between employers, main contractors and sub-contractors, as well as exploring issues arising in respect of nomination and its failures.

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"Cut the risks of civil disruption"

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.

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"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.

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Key contact

Jeremy Glover

Tel: +44 (0)20 7421 1986
LinkedIn
jeremyrglover