UK

The Duty to Disclose: A clash of law and morality

Shy Jackson May 2008 A paper based on the Commended entry in the Hudson Prize essay competition 2007. English law seldom imposes a duty to disclose information: in construction, should duties to disclose be imposed or recognised more widely? Shy Jackson considers the boundary between ethical and legal duties and the implications for construction of wider duties to disclose or inform. Introduction - Present law on disclosure - The exceptions to the rule - Construction: practical questions - The ethical dimension - Conclusions. Shy Jackson May 2008

The Value is Whatever I Say It Is: Determinations by the principal under construction contracts

Trevor Thomas May 2008 A paper based on the Highly Commended entry in the Hudson Prize essay competition 2007. When a construction employer, or his representative, is given power to make determinations affecting the rights of the other party to the contract to payment, under what circumstances will (or should) those determinations, in the form of certificates, definitively determine the rights of the parties? Trevor Thomas revisits that well-known debate from a perspective which contrasts the evolution of English law with recent case law developments in Australia. Trevor Thomas