The author looks at a number of delay analysis methodologies (ie the means of investigating and presenting the causes of delay and the responsibility for the time and cost consequences). He asks whether those using delay analysis methodologies are actually engaged in delay analysis mythology.
The author considers the application of the European Convention on Human ights and the Human ights Act 1998 to arbitration and adjudication, with reference to the European Court of Human ights cases, considering Article 6 of the Convention (the right to a fair trial).
Application to arbitration – The European Court of Human ights cases – Conclusions – Application to adjudication.
This paper considers, by reference to recent case law, ways in which creditors other than banks lending against a fixed charge on debts can obtain security in construction receivables. This is done under three headings: proprietary security, contractual security and procedural security.
The author looks at Calderbank and general offer letters (offers to settle made without prejudice but with an intention to have an effect on costs, where a payment in is not appropriate).
The author looks at public private partnerships in Ireland and the development and adaptation of the process since 1999. She highlights some of the practical issues to be aware of: the documents, how they work and the legal issues to be aware of.
Types of partnership arrangements – Legal constraints – Contractual structure – Conclusion.
The author, the draftsman of the contract, looks in some detail at PPC 2000, a single multi-party contract whereby the client, constructor (contractor) and all consultants work together under the same terms and conditions.
The authors explain ‘contracted mediation’ and how it differs from mediation, which is normally used when the dispute is already mature. They explain how it provides an ongoing mediation resource form the outset to help avoid, manage or resolve disputes in project based industries, with a panel appointed at the beginning of the project.
