UK
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.
Lawyers Playing Doctors and Nurses - PFI in the Health Sector
Catherine Burke and Michael Craik
May 2007
Two papers given tomeetings of the Society of Construction Law in London on 9th February and Birmingham on 23rd November 2006
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.
A View from across the Pond: An American Perspective on the SCL Delay and Disruption Protocol
Richard H Lowe, Evans M Barba and Gregory B Lare
May 2007
A paper given to the Society of Construction Law in London on 8th May 2006.
Complex Construction Contracts: Who Needs Them? Who Benefits?
Michael Craik and Ben Patten
May 2007
Two linked papers given to a meeting of the Society of Construction Law in London on 7th November 2006.
Tender and Public Procurement: Recent Developments in EU and Irish Law
Finola McCarthy
May 2007
A paper given to a joint meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork on 13th November 2006.
Variations, Time Limits and Unanticipated Consequences
Ronan Champion
May 2007
A paper based on the second prize entry in the SCL Hudson Prize essay competition 2006, presented to a meeting of the Society of Construction Law in London on 1st May 2007
The 1999 FIDIC suite of standard forms, followed by NEC3, introduced clauses requiring formal notices by contractor to employer for events which may give rise to a claim (including variations), with a short time-limit for such notices and the claim being barred if notice is n