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.
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
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.
November 2009
Barry Hembling, in a paper given at the latest Fenwick Elliott Capital Projects in the Education Sector Seminar discusses the current key issues in procurement law. These include looking at when the EU procurement laws actually apply, asking who can bring a claim for breach of the procurement rules and reviewing what remedies are available for breach of those rules.
2 September 2008
5 October 2007
Nicholas Gould in a paper given at the FIDIC Contracts Conference 2007, discusses time bar clauses, with particular reference to Clause 20.1 of the FIDIC form. Are time bar clauses effective in disallowing any claim a contractor may have that might otherwise be legally recognisable?
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