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
23 April 2008
Julie Stagg, in a paper given at the 14th Construction Law Update Seminar, discusses the common problems that can arise with letters of intent and sets out practical tips and advice on how to overcome these difficulties.
30 March 2007
Nicholas Gould in a paper given at a conference organised by White Paper entitled “Achieving More For Less In Construction Procurement and Contractor Management” considers the key provisions that are typically included in construction contracts. The paper focuses on the nature of partnering relationships, the types of binding and non-binding agreements that are available and the ways in which the parties might enhance their working relationships.
Links
[1] http://fenwick-elliott.com/sites/default/files/the_art_of_negotiation_in_a_difficult_market_-_david_bebb.indd_.pdf
[2] http://fenwick-elliott.com/sites/default/files/nick_gould_-_standard_forms_jct_2005_nec3_and_the_virtual_contract_matrics_paper.indd__0.pdf
[3] http://fenwick-elliott.com/sites/default/files/ted_lowery_paper-construction_law_update_seminar.pdf
[4] http://fenwick-elliott.com/sites/default/files/Challenging%20the%20tender%20process.pdf
[5] http://fenwick-elliott.com/sites/default/files/Overcoming%20the%20Pitfalls.pdf
[6] http://fenwick-elliott.com/sites/default/files/Contract%2015%20-%20Formulating%20a%20Contract%20That%20Enhances%20Your%20Working%20Arrangements.pdf
[7] http://fenwick-elliott.com/print/research-insight/articles-papers/contract-issues?page=7
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