UK
Injuncting calls on performance bonds: an analysis of 'unconscionability' in Singapore
Arvin Lee
May 2003
A paper based on the commended entry in the Hudson Prize Competition 2002
The consensus principle and the interpretation of construction contracts by the courts
David Lewis
May 2003
A paper based on the commended entry in the Hudson Prize Competition 2002
The Expert Witness' Liability in Negligence
Jonathan Selby
April 2003
A paper based on the commended entry in the Hudson Prize Competition 2002.
The author looks at the privileged position enjoyed by expert witnesses, following the House of Lords' decision in Hall v Simons , being the only professional participants in the court process who enjoy immunity from suit from actions in negligence other than judges (arbitrators and adjudicators). He also considers how water tight that blanket immunity might be, following the decision.
Construction Tenders - the EU Procurement Regime, Common Law and the Irish CONDOC System
John ME Lyden
March 2003
A paper based on a talk given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in County Cork, Ireland on 25th November 2002.
The EU procurement regime - Common law decisions- CONDOC - Conclusion.
Mediators are Magicians: A Modern Myth?
Philip Naughton QC
March 2003
A talk given to the Society of Construction Law in London on 28th February 2003.
Procurement
Tom Connolly
February 2003
A paper based on a talk given to a meeting of the Society of Construction Law in Sheffield on 24th September 2002.
The author explains that the adversarial nature of the construction industry causes inefficiency and clients who have tried ‘partnering’ have themselves experienced problems; as a result many organisations have been developing bespoke procurement strategies. He argues that whatever strategy is adopted its success will depend upon achieving the eight fundamentals which he sets out.
Some Aspects of Professional Regulation - The Architects' Registration Board
His Honour Judge Humphrey LLoyd QC
A paper based on a talk given to the Society of Construction Law and the Technology and Construction Court Bar Association in London on 10th December 2002.
The author, who became a member of the Architects’ Registration Board about 18 months ago, explains what the Board does
I Have No Direct Contract with the Wrongdoer
Anthony Speaight QC
February 2003
A paper based on a talk given to the Society of Construction Law and the Chartered Institute of Arbitrators in Birmingham on 7th November 2002.
In considering the answer to the question posed in the title, four provocative ideas are put forward: first, that there is not, or ought not to be, any difference between the duty of care owed by a professional and a contractor (they owe concurrent duties in tort);
Private Finance Initiative/Public Private Partnership: A Contractor's Perspective
Martin Lenihan
December 2002
A paper given to a meeting of the Society of Construction Law in London on 15th October 2002.
The paper looks at the commercial and legal aspects of PFI which are of particular concern to the contractor, and considers how the contractor's legal team attempts to manage risk when drafting, reviewing and negotiating PFI documentation. The origins of PFI contracts is explored.