UK
The Revised CDM Regulations
Gillian Birkby
July 2006
A paper based on a talk given to the Society of Construction Law in London on 4th April 2006.
The egulations and Approved Code of Practice are (at the time of publication) still in draft and the paper is based on the drafting current at April 2006 when the talk was given. Gillian Birkby looks at the background to the new revision and the philosophy behind it before going through some of the proposed new provisions.
The Liability of Public Authorities in Tort
Lord Justice Dyson
July 2006
A paper given to a joint meeting of the Society of Construction Law and the Technology and Construction Bar Association in London on 6th December 2005.
What are the recurring themes in the courts' search for principles to determine when a public body owes a duty of care in negligence?
Repudiation, termination and 'quantum meruit'
Julian Bailey
May 2006
A paper based on the second prize entry in the SCL Hudson Prize essay competition 2005 presented to a meeting of the Society of Construction Law in London on 2nd May 2006.
Introduction - What is a quantum meruit? - Historical origins of the alternative quantum meruit remedy - Subsequent 19th century cases - Post-19th century cases - Discussion - Conclusion.
Right Building - Wrong Place? Wrong Building - Right Place?
Philip Britton
May 2006
A paper based on the first prize entry in the SCL Hudson Prize essay competition 2005 presented to a meeting of the Society of Construction Law in London on 2nd May 2006.
Introduction - A recent example: Hunter v Canary Wharf - Legal background - The limited relevance of planning law - Assessing and managing 'neighbour risk' - The worst-case scenario - Conclusions.
The Great Delay Analysis Debate
Dr Julian Critchlow, Alastair Farr, Steve Briggs, John Hammond, Keith Pickavance and Professor Anthony Lavers
March 2006
A series of papers first presented by the Society of Construction Law, in association with the Centre of Construction Law & Management King's College London, at King's College on 18th October 2005.
Determination of the Contractor's Employment under Construction Contracts in IrelandDetermination of the Contractor's Employme
John ME Lyden
March 2006
A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork, Ireland on 5th December 2005.
Introduction - Express requirements of the IAI contract - Other points concerning the grounds for determination - Defective work at the date of determination - What happens after determination - Possibility of an injunction - Conclusions.
Acceleration Claims on Construction Projects in Ireland
John ME Lyden
March 2006
A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork, Ireland, on 14th March 2005 .
When a building contractor comes under pressure from the employer to speed construction, what legal consequences may follow? John Lyden considers the position under the major Irish standard forms, within the context of how other common law legal systems deal with acceleration issues.
Partnering - was marriage so bad after all?
Alan Jenkins
March 2006
A paper based on talks given to the Society of Construction Law in Southampton on 7th June and Oxford on 23rd November 2005.
Fair Valuation of Variations under Civil Engineering and Building Contracts in Ireland
John ME Lyden
February 2006
A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork, Ireland on 8th November 2004.
When variations are ordered under the standard forms common in Ireland, how is the cost payable to the contractor calculated? John Lyden considers the contractual rules – closely similar to those in the ICE forms – and discusses in the light of case law when each possible method of assessment of cost is appropriate, and what is meant by a ‘fair valuation’.