"Payment, security and challenging times"

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.

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"Scheduling and executing the project: delay, disruption and change management"

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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"FIDIC: Red Book (1999) and MDB Harmonised Edition (Pink Book) compared"

August 2010

The note by Frederic Gillion reviews the differences between the FIDIC Conditions of Contract for Construction for Building and Engineering Works Design by the Employer, 1999 Edition (the 1999 Red Book) and the Multilateral Development Banks (MDB) Harmonised Edition of the 1999 Red Book (FIDIC Conditions of Contract for Construction), revised June 2010, also know as the MDB Harmonised Edition (the Pink Book), highlighting the effect of the changes on the parties.

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Fenwick Elliott Guide to the Remedies Directive

November 2009

The New Remedies Directive comes into effect on 20 December 2009. Igor Bichenkov explains how it might affect you.

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"Liability for Defects in Construction Contracts – Who pays and how much?"

23 April 2008

Jeremy Glover, in a paper given at the 14th Construction Law Update Seminar, reviews how a typical English contract treats defects from the viewpoint of a relationship between the employer and the contractor and considers how damages for defects are assessed.

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"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.

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