SCL International

UK

The Rise and Rise of Time-bar Clauses for Contractors' Claims: Issues for construction arbitrators

Hamish Lal
September 2007
A paper based on that awarded the inaugural Norman Royce Prize by the Society of Construction Arbitrators, given to a joint meeting of the Society of Construction Law and the Society of Construction Arbitrators in London on 5th June 2007.

Where a construction contract includes a clauseimposing a time-bar on claims by the building contractor, what effect doesfailure to lodge (or notify) a claim within

Turnkey Contracting under the FIDIC Silver Book: What do owners want? What do they get?

Jonathan Hosie

August 2007

A paper presentedto a meeting of the Society of Construction Law in London on 2ndApril 2007

What contractual provisions do owners look for whenchoosing a turnkey approach to procurement, and how well does the FIDIC SilverBook meet their needs?  Jonathan Hosieexplains owners’ desire for single-point responsibility in a contractor, thedifficulty in achieving that and a number of ways in which the Silver Bookfalls short of the ideal.

The Inclusive Price Principle - A tribute to Ian Duncan Wallace QC

HH Judge Anthony Thornton QC
July 2007
A paper given to the Society of Construction Law at a meeting in London on 5th February 2007, together with the valedictory address given at the Memorial Service for Ian Duncan Wallace held on 13th November 2006

In ‘The Inclusive Price Principle', Judge Anthony Thornton QC pays tribute to the work and writings of Ian Duncan Wallace QC, charting and analysing his monumental contribution to construction law and its liter

Global claims and 'John Doyle v Laing Management' - Good English law? Good English practice?

Jeremy Winter
July 2007
A paper given to meetings of the Society of Construction Law in London on 6th March and Birmingham on 7th June 2007.

The Scottish cases of John Doyle v Laing Management from 2002 and 2004 have been seen as opening the door further to global claims. But is this correct and, if so, should it be encouraged?

The Discretion of the Certifier: A drafting tool best left in the toolshed?

Anders Axelson

July 2007

A paper based on the commended entry in the SCL Hudson Prize essay competition 2006

When we talk of a certifier in construction having a discretion, what different meanings might this have, in fact and in law? Anders Axelson applies to common areas of dispute in construction aspects of legal theory about judicial discretion, considering both the freedom a contract might give a certifier and the reviewability of the decision the certifier then reaches, with examples from Australian and English caselaw.

Better Ways Than the 'Best Way'? Improving the SCL Delay and Disruption Protocol

Scott Adams

July 2007

A paper based on the highly commended entry in the SCL Hudson Prize essay competition 2006

How well does the SCL Protocol encourage efficient project management? Scott Adams examines its reliance on critical path method (CPM) network programming and its provisions on float and concurrent delay and makes suggestions on how the Protocol's approach could be improved, in the light of modern approaches to project management.

Temporary Disconformity Revisited

Ellis Baker and Anthony Lavers
May 2007
A paper given to a meeting of the Society of Construction Law in Bristol on 26th October 2006.

This paper considers situations where, during the currency of a project, the works do not comply with the contract requirements; the authors look at the legal consequences flowing from that, specifically the question of whether the owner is entitled to a remedy against the contractor.

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