12 September 2007
Simon Tolson, in a paper given to the IBC Construction Law Summer School held at Queen’s College, Cambridge, analyses the subjects of design risk, responsibility for design, redress when it all goes wrong and the court’s approach to the assessment of damages. In addition, he considers questions of design liability under the JCT 05, JCT Major Projects Form and NEC3 Contracts.
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 when dealing with the issue of novation.
26 March 2004
Dr Julian Critchlow in a talk given at the White Paper Conference Company seminar entitled " Making partnering work in social housing projects" explores how partnering can be tied up with a workable contract. In doing so, he discusses the merits of relying solely on the traditional forms of contract, the key features of the partnering contracts (NEC Option X12 and PPC 2000) together with other issues including risk management, the transfer of financial liabilities and potential areas of exposure.
August 2010
Rebecca Saunders, in an article first prepared for the Practical Law website, considers the termination by the Employer under the 1999 FIDIC Red and Yellow Books (the termination provisions of both forms of contract are identical). Termination by the Employer must be distinguished from termination by the Contractor; the rights and obligations of a terminating Contractor differ from those of a terminating Employer. This note deals only with termination by the Employer.
19 November 2008
Jeremy Glover, in a paper given at the 5th Fenwick Elliott seminar, "Capital Projects in the Education Sector", summarises the EU Procurement Rules from the viewpoint of framework agreements, takes a look at some of the proposed future changes to those rules, (including the proposed new "ineffectiveness" remedy) reviews the recent cases coming out of Europe, Northern Ireland and England & Wales and finally discusses confidentiality and the competitive dialogue procedure.
February 2008
Jeremy Glover, in a paper prepared for the MSC in Construction Law and Arbitration course at King’s College, London, discusses issues relevant to international procurement by reference to the FIDIC form of contract and the approach of the World Bank.
Links
[1] http://fenwick-elliott.com/sites/default/files/Contract%2016%20-%20Design%20Liability%2C%20Defective%20Buildings%20and%20Remedies%20at%20Law.pdf
[2] http://fenwick-elliott.com/sites/default/files/Contract%209%20-%20Novation%20Principles%20and%20Pitfalls.pdf
[3] http://fenwick-elliott.com/sites/default/files/Contract%202%20-%20Comparing%20and%20Contrasting%20the%20Partnering%20Arrangements%20Out%20There.pdf
[4] http://fenwick-elliott.com/sites/default/files/FIDIC%20Termination%20by%20the%20Employer%20under%20the%20Red%20and%20Yellow%20Books.pdf
[5] http://fenwick-elliott.com/sites/default/files/Public%20Procurement%20and%20the%20EU%20Regulations.pdf
[6] http://fenwick-elliott.com/sites/default/files/International%20procurement%2C%20development%20bank%20procurement%20and%20FIDIC.pdf
[7] http://fenwick-elliott.com/print/research-insight/articles-papers/contract-issues?page=12
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