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?
10 October 2006
Jeremy Glover, in a paper given for the Academie voor da Rechtspraktijk at the Kasteel Ammersoyen, in the Netherlands, reviews how a typical English contract treats defects from the viewpoint of the relationship between the employer and the contractor, looks at some of the problem caused by limitation and finally considers how damages for defects are assessed.
December 2011
Julie Stagg, in a paper given at the last Capital Projects in the Education Sector Seminar summarises the recent changes to the payment regime and offers practical advice to assist clients in dealing with the new process. The paper goes on to consider the issue of performance and payment security, which is of great importance when facing an uncertain future economically. Finally, the paper considers what other protection may be available to clients in the sector to relieve the adverse consequences of contractor insolvency.
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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