CES - Construction Law Review 2011

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􀀤􀀃􀁏􀁈􀁄􀁇􀁌􀁑􀁊􀀃􀁓􀁕􀁒􀁙􀁌􀁇􀁈􀁕􀀃􀁒􀁉􀀃􀁆􀁒􀁑􀁖􀁘􀁏􀁗􀁄􀁑􀁆􀁜􀀃􀁖􀁈􀁕􀁙􀁌􀁆􀁈􀁖􀀃􀁗􀁒􀀃􀁗􀁋􀁈􀀃􀁆􀁒􀁑􀁖􀁗􀁕􀁘􀁆􀁗􀁌􀁒􀁑􀀃􀁄􀁑􀁇􀀃􀁈􀁑􀁊􀁌􀁑􀁈􀁈􀁕􀁌􀁑􀁊􀀃􀁌􀁑􀁇􀁘􀁖􀁗􀁕􀁌􀁈􀁖􀀶􀁌􀁑􀁆􀁈􀀃􀀔􀀜􀀚􀀛􀀥... Read more
CONSTRUCTION LAW REVIEW 05 The construction law year in review 20 The road to hell is paved with good intentions Letters of intent Shona Frame MacRoberts 23 Is it possible to have more than one bite o... Read more
CONSTRUCTION LAW REVIEW 38 Lawyers’ resistance in construction mediation 49 A picture paints a thousand words The use and admissibility of multimedia animations Leigh Gibbs Systech International 52 Pr... Read more
Introduction The construction law year in review Adrian Hughes QC, Barrister, Thirty Nine Essex Street, Chairman, Society of Construction Law 2010/2011 these include the annual brewery lunch in Februa... Read more
Introduction knowledge of the parties relevant to the court’s interpretation of the parties’ intentions. Further material is included on the court settlement process and on early neutral evaluation, b... Read more
Introduction the representative of one of the parties. On the facts of this case it was held that a fair-minded observer would not have concluded that there was apparent bias. Expert evidence The year... Read more
Force Majeure Force majeure clauses in construction contracts Jeremy Winter, Partner, and Tim Grimshaw, Trainee Solicitor, Baker & McKenzie LLP NEARLY all construction contracts will include so-called... Read more
Is your Construction Law library complete? Informa Law’s construction and building law publications bring you a wide assortment of informative books, in-depth articles and verbatim law reports, provid... Read more
Force Majeure For instance, blankets could be laid on the concrete or the area could be enclosed and the air heated. Where the force majeure clause states that the event in question must prevent the c... Read more
Force Majeure France, Japan and Germany In its treatment of force majeure clauses, French law takes a similar approach to English law. The exact nature and scope of a force majeure clause is primarily... Read more
Weather Snow patrol A weather warning for NEC3 Michael Conway BSc (Hons) MSc DipArb MRICS MCIOB FCInstCES FCIArb, Driver Group AS WE HEAD INTO SUMMER, for many construction professionals the memories ... Read more
Weather precondition does not involve any consideration of the adverse nature or the impact of the snow upon the work. For the payment of monetary compensation, the assessment is by reference to the “... Read more
Online Bookshop Q: Where can I get the new NEC3 Supply Contract? A: The ICES online bookshop The ICES Online Bookshop has been developed in partnership with RICS Books - Retail Services, the bookselli... Read more
Contracts Is there a contract? Is it a construction contract? Why does it matter? Jonathan Hosie, Partner, and James Morris, Associate, Construction and Engineering Group, Mayer Brown International LL... Read more
Contracts without comment on the terms as an acceptance of those terms on the date works are commenced. For example, in VHE Construction Ltd v Alfred McAlpine Construction (1997) EWHC TCC 370, the mai... Read more
Contracts meaning of the construction act is a contract; (i) For the carrying out of "construction operations" or providing labour for the carrying out of such operations, and (ii) which is "in writin... Read more
Insolvency Construction insolvency An update Jane Lemon, Barrister, Keating Chambers THE current recession has hit the judgment proceedings. In the recent decision of Straw Realisations (No 1) Ltd v S... Read more
Insolvency The respondent submitted that insofar as the decision in George Parke was inconsistent with this approach then it was wrongly decided and relied upon the decision of Guardi Shoes Ltd v Datu... Read more
Letters of Intent The road to hell is paved with good intentions Letters of intent Shona Frame, Partner, MacRoberts LLP THE saying "the road to hell is paved with good intentions" is legal consequence... Read more
contract www.macroberts.com straight-to-the-point construction law... Read more
Letters of Intent signature, there could be no contract. This is despite that fact that work had continued beyond the expiry date. This was subsequently referred to by the Supreme Court as an “extreme... Read more
Adjudication Is it possible to have more than one bite of the cherry? Re-adjudicating similar issues Karen Gough, Barrister, Thirty Nine Essex Street Chambers IS it possible to have more than one bite... Read more
Adjudication referring party to limit their jurisdiction so as to restrict a responding party’s ability to advance a defence, or their own ability to consider a defence merely because there was no men... Read more
Adjudication 24 proceedings for summary judgment to enforce a second adjudicator’s decision; the enforcement of which was resisted by Wishart on the basis that it had been decided in the first adjudic... Read more
Arbitration Fast track arbitration: Do we need it? Peter Barnes MCInstCES, Director, Melbury Construction Consultants IN RESPECT of the construction industry, there track process in the UK to wake the... Read more
Arbitration action may now be more conducive and welcoming to a fast track arbitration process than they were a few years ago; particularly if the process is promoted emphasising the benefits of arbit... Read more
Risk Risk management and best endeavours: Can they create a conflict? Paul Mansell, Vice President and Executive Director, Hill International IRRESPECTIVE of whether they are set out’ as, for example,... Read more
Risk variation and what constitutes an extension of time event plus other express clauses. The contractor has an express obligation to utilise best endeavours to minimise the costs and the effects of ... Read more
Risk or best endeavours. One of the reasons that this occurs is that risk management processes often deliberately avoid any identification of liability when identifying mitigation measures and allocat... Read more
DAB Dispute adjudication boards: Practical considerations Simon Longley, BSc(Hons) LLB(Hons) PgDip(Law) FRICS ACIArb MCInstCES MDBF, Barrister (np) Director – Contract, Commercial and Expert Services,... Read more
DAB 1. Act fairly and impartially as between the employer and the contractor, giving each of them a reasonable opportunity of putting its case and responding to the other’s case. 2. Adopt procedures s... Read more
Your partner Our expertise Make High-Point Rendel your first choice consultant. A premier source of contractual, expert and dispute resolution services for the engineering and construction industries ... Read more
Expert Witnesses Expert witnesses aspects of his claim for psychiatric injury, including post-traumatic stress disorder (PTSD). Dr Kaney's expert report suggested that Mr Jones did have PTSD. After ex... Read more
Expert Witnesses It needs to be borne in mind that litigants will always face difficulty in simply substituting one expert witness with another more sympathetic individual. Evidence from a new expert ... Read more
Procurement Procurement in the credit crunch Jonathan Parker BSc PGDipLaw ACIArb ACIPS, Quigg Golden IN TIMES of continued financial strain, the cut backs being imposed by the coalition government are... Read more
Procurement is likely to be unlawful. Material change was said to include: Renegotiating contracts A potential target area for public bodies to reduce spending is existing contracts. Indeed, Sir Phili... Read more
Mediation Lawyers’ resistance in construction mediation Dr Bryan Clark, Reader, Law School, University of Strathclyde THE INTERACTION between lawyers hawks. Neither depiction sits well with mediation’... Read more
Mediation Money, money, money At the root of the notion that lawyers have blocked mediation’s path by dint of their own economic imperatives lies the argument that mediation may entail significant cos... Read more
Mediation Mediation in the mainstream: Don’t swim against the flow John Munton, Practice Manager, CEDR Solve ENSHRINED as it is by statute, adjudication will, and should always, have a key role in civ... Read more
Mediation attend, at least at the beginning? Yet attendance at a one-day mediation is often left to the panel solicitor. We have experienced mediations with a civil engineer leaving the solicitor or b... Read more
schofieldlothian Schofield Lothian has been adding value with pragmatic, cost effective solutions in all sectors of the construction industry since it was established in 1973 Some of the services offe... Read more
NEC3 Time bars under the compensation event mechanism of NEC3 The contractor’s notification of the existence of a compensation event Alan Williamson MCInstCES MRICS MBIDP, Senior Consultant, Schofield... Read more
NEC3 circumstances are listed, there is not an item for late notification of the event by the contractor acting as a bar to the changing of the prices or the completion date. A further contractual pro... Read more
Defects Latent defects tort outside of the normal limitation period (see below). It is also likely to be highly relevant if a claim is being brought under a latent defects insurance policy. The policy... Read more
Defects the National House Building Council (NHBC) agreement. The Robinsons contended that this limitation of liability did not satisfy the requirement of reasonableness under the Unfair Contract Term... Read more
Disruption Disruption: The Cinderella of change Jonathan Coates BEng CEng MICE FCIArb, Partner, Construction Resolution LLP DISRUPTION, unlike All too often, disruption is an afterthought; only visite... Read more
Disruption likely to be dissatisfied with the outcome; a clear failure of project management. project management team. Should this come from the employer through additional contract requirements or fr... Read more
Visualisation A picture paints a thousand words The use and admissibility of multimedia animations in dispute resolution Leigh Gibbs, Director Visualisation, Systech International OK, before anyone po... Read more
Visualisation A critical question, however, is whether, in court at least, you can use an animation to assist your case. As it has been used in the past, there is no principle that says you cannot. It... Read more
Aim higher The ICES Network is specifically designed for students, graduates and early career professionals (including associate, affiliate and technical members) who are working or studying as civil ... Read more
Programmes Programme and record maintenance: Top 10 tips Tim Ellis BSc(Hons) MRICS ACIArb, Director, MBM Consulting YOU MIGHT OFTEN HEAR programme and subsequent revisions. Activities should also neve... Read more
Programmes 8. Remember not to take your eye off the ball in other areas, even when a specific area has excusable delay. instances of lost records when members of staff delete emails without considerin... Read more
Loss A game of consequences? Gordon Lees FCInstCES, Chartered Arbitrator and Registered Adjudicator, JGL Consulting THERE is a principle that a party to a contract who has suffered loss due to a breac... Read more
Loss direct and should not be excluded. Further, McCain’s requirement to purchase electricity that it could have generated for itself was also held to be a direct loss. “An example of a consequential ... 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
Records FIDIC design and build: Keeping contemporary records Simon F Fegen MRICS FAArb MCIArb CEDR Accredited Mediator, Senior Consultant, Leach Group IT is that old chestnut and it will not disappear... Read more
Records next on site until normal production was resumed. The ‘as may be necessary’ is for the contractor’s benefit – as may be necessary to substantiate a claim – rather too much detail than too litt... Read more
Records engineer does with your contemporary records is irrelevant to your claim. By submitting the records to the engineer, and in the absence of an inspection or instruction, the engineer will find ... Read more
Delay Projection rejection The analysis of delay Rob Palles-Clark, Senior Managing Director, and David Goodman, Managing Director, FTI Consulting CONTRACTORS’ claims for One of the big questions is wh... Read more
Membership Application and Upgrade Workshops Are you thinking of upgrading your membership? Do you know anyone interested in applying for membership? Do you want your employees to develop their profes... Read more
Delay submits a two month extension of time claim based on a valid relevant event (or other similar contractual term) but the client believes the project is going to be delivered some three months lat... Read more
Extensions of Time Extension of time provisions Joanne Kelly, Partner, Manches LLP EXTENSION of time provisions and, in particular, the notice provisions therein are key provisions in terms of risk al... Read more
Extensions of Time delay has arisen or as soon thereafter as is reasonable deliver to the employer’s representative full and detailed particulars in justification of the period of extension claimed in... Read more
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Construction Law Professionals International Human Rights Law and Practice, IPDP International Intellectual Property Law, IPDP International Joint Venture Law. He undertakes vetting of tenders, produc... Read more
Construction Law Professionals dispute resolution and public sector procurement on construction and engineering projects. Helen is particularly experienced in addressing issues under the ICE, NEC3 and... Read more
Construction Law Professionals Peter Davison BA MSc DipArb FRICS FCIArb peter.davison@driver-group.com Over 40 years’ experience of valuing construction works and changes to scope and programme. Exper... Read more
Construction Law Professionals contracts and has acted as commercial/contractual advisor to network operators on large telecommunications contracts. Kingdom. HPR has a major presence in the Middle Eas... Read more
Construction Law Professionals JGL Consulting 30 Stanhope Drive Bromborough Wirral CH62 2DG +44 (0)151 334 9695 www.jglconsulting.co.uk Gordon Lees LLM DipArb DipLaw DipLP FRICS FCIArb FCInstCES GInst... Read more
Construction Law Professionals David Henderson david.henderson@macroberts.com Partner in construction/projects groups. David advises on all types of construction procurement, including railways, hospi... Read more
Construction Law Professionals risks and resolving issues. Qualsurv’s experienced, dedicated team of professionals provides support to clients in the UK and overseas, including owners and their adviso... Read more
what’s in a number? Thirty Nine Essex Street Chambers is one of the leading Chambers for Construction law, with a team that includes many of the foremost practitioners in the field. Members act for em... Read more
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