UK
The Right Law for Construction? Choice of Law: Rome I and Rome II
Philip Britton
August 2008
A paper derived from the eighth Michael Brown Lecture, given to the Centre of Construction Law & Dispute Resolution, King's College London, on 6th September 2007.
Proportionate Liability: Reform or Regression?
Professor Doug Jones
July 2008
A paper based on the seventh Michael Brown Lecture, given to the Centre of Construction Law, King's College London, on 7th September 2006.
Ethics: The SCL approach and the wider context
Peter Higgins and Philip Britton
July 2008
A paper based on presentations to a meeting of the Society of Construction Law in London on 4th September 2007.
Peter Higgins and Philip Britton
July 2008
A paper based on presentations to a meeting of the Society of Construction Law in London on 4th September 2007.
The Duty to Disclose: A clash of law and morality
Shy Jackson May 2008 A paper based on the Commended entry in the Hudson Prize essay competition 2007. English law seldom imposes a duty to disclose information: in construction, should duties to disclose be imposed or recognised more widely? Shy Jackson considers the boundary between ethical and legal duties and the implications for construction of wider duties to disclose or inform. Introduction - Present law on disclosure - The exceptions to the rule - Construction: practical questions - The ethical dimension - Conclusions. Shy Jackson May 2008
The Value is Whatever I Say It Is: Determinations by the principal under construction contracts
Trevor Thomas May 2008 A paper based on the Highly Commended entry in the Hudson Prize essay competition 2007. When a construction employer, or his representative, is given power to make determinations affecting the rights of the other party to the contract to payment, under what circumstances will (or should) those determinations, in the form of certificates, definitively determine the rights of the parties? Trevor Thomas revisits that well-known debate from a perspective which contrasts the evolution of English law with recent case law developments in Australia. Trevor Thomas
Global Claims in Common Law Jurisdictions
What is meant by a 'global claim' or a 'total cost claim', and how do courts and arbitrators deal with such claims? John Lyden considers judicial approaches in a range of common law countries (England & Wales, Scotland, Ireland, the USA and Australia) and the details of proof which a claimant must provide for a claim to be acceptable and to lead to an award.
Public Law and Statutory Adjudication
Under the UK system of statutory adjudication in relation to construction, it is essential, in order to attain the aims of the legislation, that scope for challenging adjudicators' decision should be limited. In his prize winning paper, Julian Bailey considers the accepted grounds of challenge to an adjudicator's decision, in order to resist enforcement proceedings in court. He argues that adjudicators should be seen as exercising power derived from statute and thus are subject to public law; and discusses the implications of this approach.
Modern Plain English Drafting and Construction: The Malaysian Subcontract Model Terms
What might the plain language movement have to teach the drafters of standard form contracts and of statutes concerned with construction?
Ethics in Construction Law - A review of the position in eight European countries
Professor Anthony Lavers
April 2008
A paper given to the European Society of Construction Law in Stockholm on 26th August 2006
Against the background of theongoing UK SCL's studies in ethics and the formulation of the Statement ofEthical Principles, a questionnaire containing a number of ethical issues wassent to each member of the European Society of Construction Law, and theresponses collated for comparative purposes. In this p