Contract issues

"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.

"Formulating a contract enhances your working arrangements"

30 March 2007

Nicholas Gould in a paper given at a conference organised by White Paper entitled “Achieving More For Less In Construction Procurement and Contractor Management” considers the key provisions that are typically included in construction contracts. The paper focuses on the nature of partnering relationships, the types of binding and non-binding agreements that are available and the ways in which the parties might enhance their working relationships.

"Letters of Intent: 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 before signing a letter of intent.

"New FIDIC Particular Conditions of Contract for road works in Romania"

November 2011

Frederic Gillion comments on the Romanian government's introduction in March 2011 of new FIDIC conditions of contract applicable to road works, officially to address inconsistencies between the FIDIC forms of contract and Romanian legislation.

"Construction forms' change management supplements"

17 November 2003

Dr Julian Critchlow explains how Fenwick Elliott and Pickavance Consulting have jointly created a change management supplement for each of the major standard construction forms. The supplements set out the changes and additions that would have to be made to each contract in order to make them compliant with the Society of Construction Law Protocol for Delay and Disruption. He gave his paper at the Delay and Disruption in Construction Contracts' Conference held by Pickavance Consulting.