November 2009

The New Remedies Directive comes into effect on 20 December 2009. Igor Bichenkov explain how it night effect you.

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.

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.

17 October 2008

Nicholas Gould, in a paper given to the Sweet & Maxwell Construction Law 2008 conference, reviews the impact of notice provisions. In doing so, he discusses clause 20.1 of the FIDIC Form and considers whether or not this amounts to a time bar or condition precedent which has the effect of disallowing any claim a contractor may have that may otherwise be legally recognisable.

2 September 2008

Jeremy Glover, in a paper given to the 2008 Construction Law Summer School at Downing College, Cambridge, provides a summary of the history and development of the FIDIC form of contract. The article also discusses the different ways in which the employer and contractor are treated when it comes to making claims and asks whether the claims mechanisms within the FIDIC contract include time bars or condition precedents. Finally, the article looks at the latest edition to the FIDIC suite of contracts, the Gold Book for Design - Build - Operate projects.

22 May 2008

Jeremy Glover, in a paper given at the Construction Law 2008 conference organised by Butterworths, held at Holborn Bars, London, discusses the purpose and workings of framework agreements with particular reference to the JCT and NEC3 standard forms. The paper also considers the impact of the EU procurement rules