CES - Construction Law Review 2014
« Back to sitemap
Page 1
CONSTRUCTION LAW REVIEW Chartered Institution of Civil Engineering Surveyors 2014...
Read more
Page 3
2014 Contents 05.Green shoots or full blown recovery?Richard Bailey, Society of Construction Law 07.FIDIC: Red, Yellow and Silver — The treatment of unforeseen physical conditions Jonathan Hosie, Maye...
Read more
Page 4
The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.Cambridge Lecture NEC3 Benefits and Pitfalls 8 October 2014, Cambridge Tickets: £ 67.50 (inc VAT)Lunch and ...
Read more
Page 5
I T was a great pleasure for me to be asked to write this introduction to the 2014 Construction Law Review. This is the second time I have written the introduction for this e...
Read more
Page 6
We also run the Hudson Prize, open to any member — no matter what their professional capacity. We have just published the essay written ...
Read more
Page 7
A N important feature of the International Federation of Consulting Engineers’ (FIDIC) Red, Yellow and Silver Books is the degree to which risks are allocat...
Read more
Page 8
expects the contractor to read around the subject and use its own experience and common sense. What should the reason...
Read more
Page 9
soon as practicable, and not later than 28 days after the contractor became aware, or should have become aware, of the event or circumstances.”Clause 20.1 g...
Read more
Page 11
N EXT year will mark the tenth anniversary of the Joint Contracts Tribunal dropping the term ‘liquidated and ascertained damages’ from its suite of cont...
Read more
Page 12
on breach with the loss that might be sustained. Following Dunlop, it has been traditionally understood that if th...
Read more
Page 13
party. As a result, an apparent dichotomy exists in that the courts require parties to draft clauses accurately, but have less stringent requirements in...
Read more
Page 14
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
Page 15
C ONSTRUCTION arbitrations often involve complex technical issues. Tribunals may contain one or more members from a technical background, an advantage in we...
Read more
Page 16
AAA, and LCIA are exceptions to this),although only the DIAC rules expressly require the terms of appointment to have ...
Read more
Page 17
discussions is how the party appointees become increasingly reluctant to be out on a limb where the tribunal expert and counterpart expert agree a contrary ...
Read more
Page 19
A BOUT seven years ago, I excitedly said to my partners that I saw the ever increasing importance of digital technologies to the construction design and maintenance process as a revo...
Read more
Page 20
to be called ‘intelligent’, has now been met in 20143.To reach its potential BIM is dependent upon using big data and information transfers betw...
Read more
Page 21
maturity index. At this stage of our knowledge of the BIM process, it is possible to propose simple contractual amendments that are comprehensive and cover all stages of BIM developm...
Read more
Page 22
NEC3 contract, others argue that the protocol should be a standalone amendment to the contract and should have priority over other contract docu...
Read more
Page 23
appoints the model manager? How is the manager to be replaced? And who bears the costs, if any, arising from this role? The powers and responsibilities of the model manager should be...
Read more
Page 24
A DJUDICATION remains overwhelmingly the dispute resolution procedure of choice for domestic construction disputes, whether unde...
Read more
Page 26
Witnesses (expert or factual) are more likely to be called to a hearing to be cross examined in fast-track arbitration, albeit i...
Read more
Page 27
adjudication, the winning party will have the majority of its costs paid. This is a key factor weighing in favour of using this procedure where a party is confident i...
Read more
Page 28
C ONTRACTS are, in the main, drafted on the basis that everyone plays their role; each of the players involved having thei...
Read more
Page 29
disapproval and detailed comments. He may request further particulars, but shall nevertheless give his response on the principles of the claim within the above ...
Read more
Page 30
determination, instruction, opinion, or valuation of the engineer.” What if there is no determination? The engineer’s fail...
Read more
Page 31
T HIS article is not intended to provide definitive answers to these two issues because until further legal authority is available it is unlikely that such a propositio...
Read more
Page 32
elements of the work, usually by reference to a programme. For example, if a non-critical activity is delayed and that activity or...
Read more
Page 33
manager in the Engineering and Construction Contract (Black Book) context.Assessment In the context of disruption, our experience suggests that three fundamental issues...
Read more
Page 34
Figure 2a shows the situation which transpires where the project manager gives an instruction or one of the other listed events oc...
Read more
Page 35
PM requests quotation is bound by the provisions of clause 65.2.In other words, the forecast cannot be revised if later recorded information is proved to be wrong. Let ...
Read more
Page 36
The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.Contact: ICES Publishing Chartered Institution of Civil Engineering Surveyors +44 (0)161 972 3110 mmhw@cice...
Read more
Page 37
L ORD DRUMMOND YOUNG explained1 that normally,for a loss and expense claim under a construction contract to succeed, the contractor must aver and prove three matt...
Read more
Page 38
‘global’ and ‘total costs claims’. He explained that just because all the costs claimed and not paid are sought, does not au...
Read more
Page 39
were reasonable. Further, Mr Justice Akenhead13 clearly considered it relevant that the quantity surveyor had not considered the tender to be under priced, but ra...
Read more
Page 40
“It appears to me that the possibility of apportionment as between different causative factors, contemplated as legitimate i...
Read more
Page 41
I N 1968 the Institution of Chemical Engineers drafted a groundbreaking publication, the Model Form of Conditions of Contract for Process Plants Suitable for ...
Read more
Page 42
The helpful and often neglected guidance notes included with each form of contract seek to highlight the need to provide...
Read more
Page 43
of the responsibilities of the purchaser, contractor, subcontractors and supplier clearly allocated. Sections should be included on qualification activities w...
Read more
Page 44
broad field and the contractor may be called upon to provide basic training on various aspects of plant operation, healt...
Read more
Page 45
those included in other related agreements with the licensor and any key suppliers to ensure that the number of tests is limited, thus minimising disruption t...
Read more
Page 46
is not practicable here to make detailed recommendations, the following is a useful aide-mémoire.a) Raw material consump...
Read more
Page 48
I F you asked anyone familiar with the adjudication process what its singular benefit was, the response would most likely be t...
Read more
Page 49
Twintec also argued that Volkerfitzpatrick’s decision to commence the adjudication process at Christmas amounted to unreasonable and oppressive conduct.The court di...
Read more
Page 50
I don’t play by the rules.”1 This statement was borne out by his conduct, which included issuing eight referrals in a nine-mon...
Read more
Page 51
b) Adjudicators’ decisions are intended to be enforced summarily and the successful party in the adjudication is not kept out of its money.c) In an application to s...
Read more
Page 52
A S a busy year of teaching comes to a close, I would like to take the opportunity to reflect on some of the themes and developments...
Read more
Page 53
management. The Association of Consultant Architects’ Project Partnering Contract (PPC 2000) is the only example of this in its multi-party contract. BIM collaboration an...
Read more
Page 54
F OLLOWING a flurry of cases dealing with good faith in contracts,can it still be said that there is no general principle of good ...
Read more
Page 55
manner in assessing the contractor’s performance. However, it reiterated that “there is no general doctrine of good faith in English contract law... If the parties wish...
Read more
Page 56
deal with each other in good faith, the court looked at two more specific terms; a duty not to give false information, which could...
Read more
Page 57
C ONSTRUCTION contracts will set out the respective rights and obligations of the parties to the contract and will also allocate risk between them. It is ...
Read more
Page 58
An employer may provide site information and not cut across the underlying position that a contractor is obliged to ...
Read more
Page 59
O VER the years, we have seen a rise in the demand for expert witnesses, and while the market for these services gains more traction and prospects remain st...
Read more
Page 60
gained either by formal study and/or by virtue of experience in a specialist trade, to provide that assistance. In the...
Read more
Page 61
greater expert partisanship in the US.Nevertheless, there appears to be little enthusiasm for any change in the FRE to deal with this and the US appears to ...
Read more
Page 62
cost of appointing experts was becoming disproportionate.20 The report highlighted the need for greater control of jud...
Read more
Page 63
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’ wal...
Read more
Page 64
I N his judgment of 15 April 2014, Mr Justice Edwards-Stuart considered a detailed technical dispute that ...
Read more
Page 65
The inadequacy of the employer’s requirement did not relieve MTH of the ultimately more demanding obligations.was not up to the task. The inadeq...
Read more
Page 66
those measures would be factored into the price. But I consider that if the employer is prepared to pay fo...
Read more
Page 67
Continuing Professional Development The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.Contact: Professional Development Coordinator Chartered Institution of ...
Read more
Page 68
I T is common for construction contracts to contain provisions for the transfer of title in the goods and materials ...
Read more
Page 69
seller or his agent, the seller is prima facie to be taken to reserve the right of disposal. (3) Where the seller of goods draws on the buyer for the pric...
Read more
Page 70
EC HARRIS’ Global Construction Disputes Report 2013 cites incomplete and/or unsubstantiated claims as the number one cause of construction...
Read more
Page 71
effect of the event is usually a little more complicated to establish and to link directly to the cause, because this is sometimes a subjective matter, which requires to be bot...
Read more
Page 72
claim document that may result in a substantial amount of onerous work. If the claimant makes this person’s job even more difficult, then ...
Read more
Page 73
Index of Construction Law Professionals 2014...
Read more
Page 74
Blue Sky ADR Limited 30-32 Howard Business Park Howard Close Waltham Abbey Essex EX9 1XE U...
Read more
Page 75
surveying, the measurement and valuation of work done,variations, terminations costs and claims for prolongation,acceleration an...
Read more
Page 76
has been appointed as a sole arbitrator in the UAE. Lee has both construction and construc...
Read more
Page 77
Do you support the vital work of civil engineering surveyors?Are you ready to start the path to professional recognition? Do you know someone who would benefit from joining ICES as an Affiliate?ICES ...
Read more
Page 78
Carl Morris carl.morris@drivertrett.com A dual qualified chartered quantity surveyor with ...
Read more
Page 79
141 Cecil Street #05-01 Tung Ann Association Building Singapore 069541 +65 6226 4317 www.drivertrett.com Alastair Farr alastair....
Read more
Page 80
and the resolution of commercial and contractual issues on major building, infrastructure,...
Read more
Page 81
Chris Larkin BEng (Hons) LLB (Hons) FCIArb MCIHT MICE chris.larkin@fticonsulting.com Senior managing director. With over 22 year...
Read more
Page 82
expense. This includes the provision of expert services in the fields of quantum and delay...
Read more