"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.

"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.

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.

"RICS legal issues in construction – JCT contract"

January 2010

Earlier articles - in HTML format

Never put off till tomorrow what you can do today
2000

Simon Tolson provides an introduction to health and safety law for those in the construction industry, including a reminder that every participant in the construction process must address health and safety issues. His article appeared in the Construction Law Review 2000 (a supplement to Civil Engineering Surveyor).
Click to read full article

We don’t need a contract, we’re partnering

"Making claims for time and money"

17 October 2008

Nicholas Gould, in a paper given to the Sweet & Maxwell Construction Law 2008 conference, reviews the impact of notice provisions. In doing so, he discusses clause 20.1 of the FIDIC Form and considers whether or not this amounts to a time bar or condition precedent which has the effect of disallowing any claim a contractor may have that may otherwise be legally recognisable.