UK

The Industry formerly known as Construction: Implications for the Society of Construction Law

Richard G Saxon

July 2003

A paper based on a talk given to a meeting of the Society of Construction Law in London on 3rd June 2003.

The paper contends that the movement 'ethinking Construction' and the Latham reforms before it, have had limited impact because of their concept of the construction industry. A broader definition, embracing the provision of built environment over its lifecycle, opens up more productive viewpoints for providers and potential for greater stakeholder satisfaction.

Duties at the Legal Fringe: Ethics in Construction Law

Professor John Uff CBE, QC
Centre of Construction Law & Management, The Michael Brown Foundation: fourth public lecture delivered at The Great Hall, King's College, London on 19th June 2003.

In the fourth Michael Brown foundation lecture, Professor John Uff looks at the impact of ethics in construction law, necessarily in terms of the effect on the action of individuals who participate in construction projects.

An introduction to the 'Be' collaborative construction contract

Martin Howe

June 2003

A paper based on a talk given to a meeting of the Society of Construction Law in London on 4th March 2003

Martin Howe looks in some detail at this form of partnering contract due to be published in the summer of 2003 by 'Be' (or Collaborating for the Built Environment, the merged body of the eading Construction Forum and the Design and Build Foundation). He considers key features of the contract, drafted as a Purchase Order with separate Collaborative Construction Terms.

Oxalic Acid and the applicable law: the Rome Convention and construction

Philip Britton
A paper based on the first prize entry in the Hudson Prize Competition 2002 presented to the Society of Construction Law in London on 6th May 2003

This paper aims to answer two questions on the rules of choice of law, contained in the Rome Convention (the Convention on the Law Applicable to Contractual Obligations of 1980) implemented for the UK by the Contracts (Applicable Law) Act 1990: how do these uniform European rules of choice of la

The doctrine of penalties and the 'absurd paradox' - does it really matter in 2003?

Hamish Lal
May 2003
A paper based on the second prize entry in the Hudson Prize Competition 2002 presented to the Society of Construction Law in London on 6th May 2003.

The author examines the view that the doctrine of penalties has no application to a clause which provides for the payment of an agreed sum on the happening of a specified event rather than upon a breach of contract (the principle).

The Expert Witness' Liability in Negligence

Jonathan Selby

April 2003

A paper based on the commended entry in the Hudson Prize Competition 2002.

The author looks at the privileged position enjoyed by expert witnesses, following the House of Lords' decision in Hall v Simons , being the only professional participants in the court process who enjoy immunity from suit from actions in negligence other than judges (arbitrators and adjudicators). He also considers how water tight that blanket immunity might be, following the decision.