UK
Contract or Co-operation? Trends and changes within the UK construction industry - an overview
David Mosey
October 2003
A paper given to a conference organised by the Centre of Construction Law at King's College London and held in London on 11th September 2003.
David Mosey takes an overview of the moves towards a culture change in the industry, beginning with Latham in 1994, followed by Egan and more recent initiatives, including ethinking Construction. He also looks at the forms of partnering contract published to date. He concludes with details of some pitfalls he has encountered on partnered projects.
The Written Contract and Disputes in Adjudication
Robert Akenhead QC
September 2003
A paper given to a joint meeting of the Society of Construction Law and the Adjudication Society in London on 17th September 2003
The author considers the statutory requirements contained in section 107 of the Housing Grants, Construction and egeneration Act that a 'construction contract' for the purposes of the adjudication provisions of the Act must be 'in writing'. He looks at the recent case law and considers the problems that these decisions throw up.
Relational Contracting under the New Engineering Contract: A Model, Framework and Analysis
Arthur McInnis PhD
September 2003
A paper given to a meeting of the Society of Construction Law in London on 1st April 2003.
The Principles and Policies of the JCT Major Project Form
Geoff Brewer
A paper based on a talk given to a meeting of the Society of Construction Law in London on 1st July 2003
Geoff Brewer, one of the authors of the contract, discusses the Joint Contract Tribunal Major Project Form, launched in June 2003. He goes through the documentation summarising the contract's provisions.
The Industry formerly known as Construction: Implications for the Society of Construction Law
Richard G Saxon
July 2003
A paper based on a talk given to a meeting of the Society of Construction Law in London on 3rd June 2003.
The paper contends that the movement 'ethinking Construction' and the Latham reforms before it, have had limited impact because of their concept of the construction industry. A broader definition, embracing the provision of built environment over its lifecycle, opens up more productive viewpoints for providers and potential for greater stakeholder satisfaction.
Duties at the Legal Fringe: Ethics in Construction Law
Professor John Uff CBE, QC
Centre of Construction Law & Management, The Michael Brown Foundation: fourth public lecture delivered at The Great Hall, King's College, London on 19th June 2003.
In the fourth Michael Brown foundation lecture, Professor John Uff looks at the impact of ethics in construction law, necessarily in terms of the effect on the action of individuals who participate in construction projects.
An introduction to the 'Be' collaborative construction contract
Martin Howe
June 2003
A paper based on a talk given to a meeting of the Society of Construction Law in London on 4th March 2003
Martin Howe looks in some detail at this form of partnering contract due to be published in the summer of 2003 by 'Be' (or Collaborating for the Built Environment, the merged body of the eading Construction Forum and the Design and Build Foundation). He considers key features of the contract, drafted as a Purchase Order with separate Collaborative Construction Terms.
Oxalic Acid and the applicable law: the Rome Convention and construction
Philip Britton
A paper based on the first prize entry in the Hudson Prize Competition 2002 presented to the Society of Construction Law in London on 6th May 2003
This paper aims to answer two questions on the rules of choice of law, contained in the Rome Convention (the Convention on the Law Applicable to Contractual Obligations of 1980) implemented for the UK by the Contracts (Applicable Law) Act 1990: how do these uniform European rules of choice of la
The doctrine of penalties and the 'absurd paradox' - does it really matter in 2003?
Hamish Lal
May 2003
A paper based on the second prize entry in the Hudson Prize Competition 2002 presented to the Society of Construction Law in London on 6th May 2003.
The author examines the view that the doctrine of penalties has no application to a clause which provides for the payment of an agreed sum on the happening of a specified event rather than upon a breach of contract (the principle).