When owners of flats in a multi-unit development realise that their flats and ‘the common parts’ of their development may be suffering from construction defects, what rights do they have in law, on what legal basis, and against whom?
Under the innovative LIFT programme for funding new National Health Service primary care facilities, the Special Purpose Vehicle companies established to assemble and deliver new schemes in each local area (Liftcos) are guaranteed a period of exclusivity under their contracts with the NHS and other local bodies.
Trevor Thomas looks at interim arrangements - to meet, discuss and work towards agreeing a final construction contract - 'agreements to negotiate', and whether they are legally enforceable.
Hamish Lal's paper looks at the extent to which English law allows parties to a contract to specify their own remedies in damages in the event of breach. It examines the so-called 'rule against penalties', that penalty clauses remedies are not allowed but liquidated damages clauses are. Hamish Lal explains that he seeks to address some of the many myths that abound in the context of liquidated damages.
James Bremen's paper seeks to provide a guide to the application of established English law concepts in the Gult Cooperation Council countries (GCC) jurisdictions and to highlight important similarities and differences. He considers the law that might apply to a construction contract in the GCC countries, the types of legal regime and the differences between common law and civil law systems.
David Barry expalins that in this paper he seeks to provide some general clarity as to what each of the commonly used delay analysis techniques are, what they do, what they do not do, and when they may be appropriately applied. He also discusses the relationship between scheduling and technology.
