SCL International

UK

Professional Negligence in the Construction Field

Finola O'Farrell QC
September 2009
A paper given to a meeting of the Society of Construction Law at a meeting in Manchester on 29th June 2009

This paper examines the circumstances in which a duty of care in tort will arise between construction professionals and their clients or third parties, the basis on which damages are recoverable in the event of a breach of such duty and the impact of recent developments in this are on construction claims.

Contractors' Claims: Onerous Pre-conditions in the Irish Public Works Contracts

Patricia Hill
July 2009
A paper presented to the Society of Construction Law and and the Society of Chartered Surveyors in Cork on 17th November 2008.

The new suite of lump sum public sector construction standard forms introduced in Ireland in 2007 follows a general trend: the forms attempt to limit claims by the contractor for extra time, money or both by imposing strict time-limits and notice requirements on the contractor, as well as by defining delay events and compensation events limitatively and narrowly.

Contract Issues in the Use of Construction Building Information Modeling

Kimberly A Hurtado and Patrick O'Connor Jr
July 2009
A paper presented to the Society of Construction Law International Conference held in London, 6th-7th October 2008.

Following Howard Ashcraft's paper (number D101) on Building Information Modeling, the authors look at the legal issues raised and some recently published contract documentation used in the United States. They explain that the legal community is struggling to assist in developing meaningful contract terms relating to the use of BIM technology.

The Walk to Paradise Gardens: Flat-owners and Building Defects

Philip Britton and Mark Fairweather
May 2009
A paper derived from a talk to a meeting of the Society of Construction Law in Birmingham on 7th April 2009.

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?

The Exclusivity Provisions of the NHS LIFT Contract and the EU Procurement Regulations

Sarah Pengelly
May 2009
A paper based on the second prize entry in the Hudson Prize essay competition 2008, presented to a meeting of the Society of Construction Law in London on 5th May 2009.

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.

Liquidated Damages

Hamish Lal
April 2009
A paper presented to a meeting of the Society of Construction Law at the University of Central Lancashire, Preston on 15th October 2008

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.

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