CES - Construction Law Review 2013

« Back to sitemap

CONSTRUCTION LAW REVIEW Chartered Institution of Civil Engineering Surveyors 2013... Read more
OUR EXPERTS Delivering World Class Expert Witness Support that is:􀀁 Tried, tested, and proven in high-value disputes 􀀁 Accredited and experienced in cross examination 􀀁 Highly experienced with prac... Read more
2013 Contents 05. Foreword: Getting it right Keith Kirkwood FCInstCES, Society of Construction Law 07. Currently it is a delay David Waddle, Diales 11. Walter Lilly: Does the case have any application... Read more
Do you have instant access to the latest developments in construction law?Informa Law’s construction law publications and online services bring you legal updates, practical analysis, the latest case ... Read more
2013 Foreword 5 published and the winners get the opportunity to present their paper at one of our London events. This prize has now been copied around the world with prizes in Europe, Australia, Hong... Read more
6 Foreword Construction Law Review Our relations with our European societies have improved over the last year and the European Society of Construction Law is now extremely active. We are looking at pu... Read more
2013 Concurrent Delay 7 I was asked by an architect to review an extension of time claim presented by a contractor. This was a JCT form of contract and the contractor had accepted that it was culpable... Read more
8 Concurrent Delay Construction Law Review cause a three week delay. Now consider how each approach would assess these. First-in-line As its name suggests, this approach considers the effect of the e... Read more
2013 Concurrent Delay 9 “[158]The causative significance of each of the factors is likely to be more important. In this respect, two matters appear to me to be potentially important.The first of these... Read more
Accelerated Membership for RICS Fellows and Members Is the focus of your work in the civil engineering or geospatial industries?Join the chartered professional body that specialises in these sectors —... Read more
2013 Walter Lilly 11 O NE way or another all disputes are resolved. Anyone involved in the disputes business likes to be able to embark on a journey of pleading or defending claims with some certainty... Read more
12 Walter Lilly Construction Law Review from the emails he sent was at best highly inflammatory and at worst possibly actionable.The project staggered on through one disaster after the next catastroph... Read more
2013 Walter Lilly 13 with broader concepts. The question now is how the judgment would apply to clause 44 of the ICE form. In our opinion, it applies in its entirety. Although the wording is different... Read more
14 Walter Lilly Construction Law Review then notes, quite rightly in the authors’opinion, that all that is required to be provided by the contractor in its application is enough information to put the... Read more
2013 Walter Lilly 15 Here it was said that the court should approach a total cost claim with great caution, even distrust. The plaintiffs still had to demonstrate causal nexus in sufficient detail and... Read more
16 Walter Lilly Construction Law Review have resulted in a profit and overhead recovery.3. The use of a formula under the two preceding conditions is legitimate.4. Ascertainment does not mean that the... Read more
2013 Liquidated Damages 17 O NE of the key questions relevant to predetermined liability clauses is whether they are to seen as liquidated damages or penalties. The question whether a liquidated damag... Read more
18 Liquidated Damages Construction Law Review be claimed (see Phillips Hong Kong Limited v Attorney General of Hong Kong (1990) 50 BLR 122).If, for any reason, liquidated damages are invalid a party m... Read more
2013 Liquidated Damages 19 after taking into account the claimant's expected ability to mitigate loss.The test of commercial justification was endorsed by the court in Cine Bes Filmcilik v United Inte... Read more
Leaders in Project Controls and Construction Disputes Global Expertise USA: +1.703.250.3447 UK: +44.1670.330.030 UAE:+971.4.447.2040 e: pai@paiworld.com w:paiworld.com www.paiworld.com One of the ... Read more
2013 Dispute Boards 21 T HE FIDIC forms of contract provide for a dispute adjudication board as the first tier of the dispute resolution process. The dispute board decides disputes arising between the... Read more
22 Dispute Boards Construction Law Review This will encompass consideration of a number of matters, including:• The importance/value of the dispute and the investment/degree of effort to be expended.•... Read more
2013 Dispute Boards 23 • Any specialist or expert advice or evidence being relied upon and any witnesses of fact. • The decisions the party seeks from the dispute board.• The remedies and/or relief b... Read more
24 Implied Terms Construction Law Review A N implied term may be straightforwardly described as a contractual provision that is not expressly written in a contract but is included in that contract non... Read more
2013 Implied Terms 25 These potentially wide ranging obligations are often implied into construction contracts.So, for example, an employer or main contractor has to facilitate access or such other th... Read more
26 Contracts Construction Law Review I do not seek here to enter the debate about the merits of the NEC forms as compared to the ICC (formerly the ICE) and other traditional forms of contract when use... Read more
Now available on our online shop to purchase as hard copies or in electronic PDF format:www.icheme.org/shop Please contact Hannah Treanor at IChemE for further information: htreanor@icheme.org ADVANCI... Read more
28 Contracts Construction Law Review tests are necessarily carried out by the purchaser (it has now taken over the plant) in the presence of the contractor. The tests must be programmed into the norma... Read more
2013 Contracts 29 had confidence that everything would work as planned, but somehow success is illusive).• Clear limits on the contractor’s liability for any damage to the purchaser’s property (other ... Read more
Approved Development Schemes Recruit, motivate and retain high calibre employees Add value to employment packages Ensure employees develop their roles quickly and efficiently Preferred route to get em... Read more
2013 Disruption 31 I N all cases, productivity based analysis is dependent upon records. The analyst needs to follow Rudyard Kipling:I keep six honest serving-men (They taught me all I knew);Their nam... Read more
32 Disruption Construction Law Review organised into activities and capabilities —while fuel allocation provides a straightforward measure of effort applied, if such is unavailable some other measure ... Read more
2013 Disruption 33 production achieved by the contractor should be used as the measured mile? I think not.Best production could have been achieved on a sunny day with a fair wind behind. In my opinion... Read more
34 Bribery Act Construction Law Review T HE Bribery Act 2010 came into force “to make provision about offences relating to bribery; and for connected purposes”on 1 July 2011 and created offences in re... Read more
2013 Bribery Act 35 along with the Crown Prosecution Service, has set out its view on corporate hospitality as follows:“Hospitality or promotional expenditure which is reasonable, proportionate and ma... Read more
36 Bribery Act Construction Law Review The first case in respect of the Bribery Act concerned a public servant who accepted a £ 500 bribe for not putting details of a traffic summons onto a court data... Read more
2013 Mediation 37 M EDIATION provides a relatively low cost and quick method of resolving disputes. It is a flexible process and entirely confidential — and without prejudice — so that other than the ... Read more
38 Global Claims Construction Law Review obiter. One of the things he said which might be thought to show a shift in attitude was that even if one or more events which contributed to the claim were at... Read more
2013 Global Claims 39 He said he did not think that was what Vinelott J had intended in Merton. In doing so, he appears to have overruled a long-standing view to the contrary. He was arguably wrong to... Read more
40 FIDIC Construction Law Review R ECENT experience has highlighted an area of doubt in the interpretation of the engineer’s duty in proceeding forward in accordance with the terms of sub-clause 3.1 o... Read more
2013 FIDIC 41 a) Sub-clause 4.12; agreeing or determining an extension of time and/or additional cost.b) Sub-clause 13.1; instructing a variation, except;i) in an emergency situation as determined by ... Read more
42 FIDIC Construction Law Review The contractor submits its notice in terms of the contract. What do the mechanics of sub-clause 3.1(a) require the engineer to do on receipt of the contractor’s notice... Read more
Missed an edition of CES?View back issues online at ces.digitalpc.co.uk CIVIL ENGINEERING SURVEYOR The Journal of the Chartered Institution of Civil Engineering Surveyors... Read more
Continuing Professional Development The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.Contact: Professional Development Coordinator Chartered Institution of ... Read more
2013 Letters of Intent 45 A short story by Hans Christian Andersen often told to children recounts the fate of a certain emperor who was promised by his tailors a marvellous new outfit of specially wo... Read more
46 Letters of Intent Construction Law Review A further category of letter of intent was identified in AC Controls Limited v British Broadcasting Corporation (2002) EWHC 3132 (TCC)and can be described ... Read more
2013 Letters of Intent 47 favour for the works carried out after the expiry date. Again, issues of waiver and estoppel can arise. Parties should therefore be cautious not to apply a specific expiry da... Read more
ICES Training Suite A modern and spacious training suite in a friendly and professional environment Excellent transport links to Manchester’s motorway,Metrolink and airport networks Five minutes’walki... Read more
2013 Adjudication 49 T HIS article was prompted by a discussion on Linkedin started back in November 2012 by Andrew Kearney of St John’s Chambers in Bristol who was counsel for Lidl in Lidl UK GmbH v ... Read more
50 Adjudication Construction Law Review made reference to the judgment in Cantillon and said that, whilst it may, at first impression, appear unfair that a party should be able to avoid any liability ... Read more
TRAINING MENTORING COMPETENCIES APPRAISAL FEEDBACK Competencies Commercial management and geospatial competencies The ICES competencies are essential for membership and help demonstrate you are a qual... Read more
52 Adjudication Construction Law Review severable’? Any lowering of the bar?Perhaps not, but the judge went on to say:“I acknowledge that it may soon be time for the TCC to review whether, where there... Read more
2013 Contracts 53 E VER since the first standard form contracts were published, there has been a plague on the construction and engineering industries! It is a plague of contracts. The first construct... Read more
54 Contracts Construction Law Review evidence from the Latham Report 1994 was that 58% of respondents said standard forms encouraged conflict and 38% said they created mistrust. Instead of the parties... Read more
2013 Arbitration 55 T HE Arbitration (Amendment) Bill 2013 was gazetted by the government of Hong Kong on 28 March 2013. The bill contains a number of proposed amendments to Hong Kong’s Arbitration Or... Read more
56 Arbitration Construction Law Review Hong Kong and Macau. Finally, on 7 January 2013, an agreement called the Arrangement concerning reciprocal recognition and enforcement of arbitral awards between... Read more
2013 Arbitration 57 for the enforcement of emergency relief provide that the Hong Kong court may refuse to grant leave for enforcement unless the party seeking to enforce the emergency relief can demo... Read more
58 Bonds and Guarantees Construction Law Review F OR projects both large and small, one of the single biggest risks in today's market is supply chain insolvency. It is perhaps a truism but a supply ch... Read more
2013 Bonds and Guarantees 59 hand, if the performance security is in the nature of a bond then it may well be expressed on terms to be payable on demand, irrespective of any dispute as to whether or n... Read more
60 Bonds and Guarantees Construction Law Review (v) Clause 4 follows on from clauses 1, 2 and 3 and calls for payment ‘in the event that the buyer fails punctually to pay’ and goes ‘well beyond’ what ... Read more
Index of Construction Law Professionals 2013... Read more
62 Construction Law Professionals Construction Law Review Andrew Jackson Solicitors Marina Court, Castle Street, Hull HU1 1TJ, UK +44 (0)1482 325242 www.andrewjackson.co.uk martin.collingwood@andrewja... Read more
2013 Construction Law Professionals 63 involved in all contractual and planning related issues. Derek’s particular speciality is forensic delay analysis and he is proficient in the various delay analy... Read more
64 Construction Law Professionals Construction Law Review overseas. David specialises in the provision of advice at all project stages but in particular in extension of time claims and delay and disru... Read more
2013 Construction Law Professionals 65 He has a quantity surveying and contracting background, and is also a barrister and mediator.Leslie Harland MSc MRICS ACIArb MCIOB MCInstCES les.harland@drivertr... Read more
66 Construction Law Professionals Construction Law Review experienced in the provision of procurement, dispute resolution and dispute avoidance advice, contract drafting,and risk and liability audits.... Read more
􀁌􀁚􀀕􀁖􀁧􀁚􀀕􀀕􀁮􀁤􀁪􀁧􀀕􀁝􀁚􀁖􀁧􀁩􀀣􀁎􀁤􀁪􀀕􀁖􀁧􀁚􀀕􀁤􀁪􀁧􀀕􀀕􀁡􀁞􀁛􀁚􀁗􀁡􀁤􀁤􀁙􀀣􀀜􀀤􀀝􀀮􀀁􀀨􀀪􀀬􀀡􀀁􀀶􀀮􀀮􀀥􀀩􀀣􀀁􀀟􀀝􀀯􀀭􀀡􀀁􀀟􀀪􀀯􀀧􀀠􀀁􀀮􀀤􀀡􀀬􀀡􀀁􀀞􀀡􀀁􀀢􀀪􀀬􀀁􀀮􀀤􀀡􀀁􀀟􀀪􀀩􀀭􀀮􀀬􀀯􀀟􀀮􀀥􀀪􀀩... Read more