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.
Contract issues
Click to download PDF"FIDIC: Termination by the Employer under the Red and Yellow Books"
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.
"Comparing and contrasting the partnering agreements out there"
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.
"EU Procurement: pitfalls, practice and possible solutions"
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.
"International Procurement, Development Bank Procurement and FIDIC"
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.
"The JCT Major Projects Form"
29 January 2007
In the light of evidence that its use is on the up, Simon Tolson summarises and reviews some of the underlying principles of the JCT Major Projects Form. In particular, he considers questions relating to risks, responsibilities and contractor freedom together with novation, extension of time entitlements, practical completion, payment issues, insurance and third-party rights.