UK
Public Duties and Private Remedies: Floods or Floodgates?
Simon Brown QC and Kim Franklin
October 2005
A paper given to the Society of Construction Law in London on 1st February 2005 and in Birmingham on 10th June 2004
The paper begins with consideration of the case of Marcic v Thames Water Utilities, where the House of Lords unanimously overturned the Court of Appeal, adopting a 'conservative approach' to the law of nuisance. The issue is whether an individual has a common law remedy
Temporary Disconformity
Ellis Baker and Anthony Lavers
July 2005
A paper given to the Society of Construction Law in London on 5th April 2005
PLEASE NOTE: This paper has been revised and replaced by paper number 139, 'Temporary Disconformity Revisited', a paper given to a meeting of the Society of Construction Law in Bristol on 26th October 2006.
Ethics in Construction Law - Two Years On
Professor John Uff CBE QC
April 2005
A paper originally given at a meeting of the Society of Construction Law in Southampton on 7th October 2004
Professor Uff reviews developments since he gave his lecture 'Ethics in Construction Law' in July 2003, looking in particular at the work of the SCL ethics group. He includes a draft code of ethical conduct, and invites comments.
Novation
Christopher Cullen
April 2005
A paper based on a talk given to a meeting of the Society of Construction Law in London on 1st March 2005
This paper considers novation, beginning with its meaning and origin, looking at where it is appropriate and where it is not. It then turns to applications in construction, in particular the novation of consultants appointments, from an employer to a design and build contractor, discussing the problems and risks and the scope of the consultants duty of care.
Extensions of time under construction contracts in Ireland
John ME Lyden
March 2005
A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork, Ireland on 6th October 2003
The author reviews all aspects of contractual extension of time provisions, beginning with a look at the common law background (with particular reference to cases in Ireland) and also considering the provisions of a number of standard forms, in particular the GDLA 82 Conditions of Contract.
Design Risk in FIDIC Contracts
Michael Black QC
March 2005
A paper based on a talk given to a meeting of the King's College London Construction Law Association in London on 11th November 2004
This paper examines the legal and commercial considerations affecting the quality of design in the context of the identification, allocation and management of risk, in particular focusing on the FIDIC Red, Yellow and Silver Books.
A.D.R. - Antipodean Dispute Resolution
Tomas Kennedy-Grant
March 2005
A paper presented to a meeting of the Society of Construction Law in London on 12th October 2004
Unethical Behaviour and Criminal Acts (inc discussion draft of the TI Anti-Corruption Code, March 2005)
Neill Stansbury and Catherine Stansbury
March 2005
A paper presented to a meeting of the Society of Construction Law in London on 14th March 2005 including a discussion draft of the Transparency International (UK) 'Anti-Corruption Code for Individuals in the Construction and Engineering Industry' by Neill Stansbury and Catherine Stansbury, March 2005.
The Place of Standard Forms of Building Contract in the 21st Century
Professor Peter Hibberd
November 2004
A paper based on a talk given at a Society of Construction Law conference in Wakefield on 11th March 2004
The author, Secretary-General of the Joint Contracts Tribunal, discusses the history and background of the JCT forms. He then looks at the purposes of standard forms generally, the way they have developed and criticisms of them.