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.
17 November 2003
Dr Julian Critchlow explains how Fenwick Elliott and Pickavance Consulting have jointly created a change management supplement for each of the major standard construction forms. The supplements set out the changes and additions that would have to be made to each contract in order to make them compliant with the Society of Construction Law Protocol for Delay and Disruption. He gave his paper at the Delay and Disruption in Construction Contracts' Conference held by Pickavance Consulting.
June 2010
Thomas Young, in an article first prepared for the Practical Law website, considers the definition of "Cost" in the current suite of FIDIC forms of contract and then reviews the circumstances where "Cost" might be recovered.
19 November 2008
David Bebb, in a paper given at the 5th Fenwick Elliott seminar, "Capital Projects in the Education Sector", discusses why parties often feel the need to make so many amendments to the standard forms of contract. Giving examples from the JCT and G/C works forms, David gives examples of amendments, discusses some of the "less clever" amendments and the law of unintended consequences and suggests ways in which the process of negotiating contracts could be made much slicker.
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