The author looks at Calderbank and general offer letters (offers to settle made without prejudice but with an intention to have an effect on costs, where a payment in is not appropriate).
The author looks at public private partnerships in Ireland and the development and adaptation of the process since 1999. She highlights some of the practical issues to be aware of: the documents, how they work and the legal issues to be aware of.
Types of partnership arrangements – Legal constraints – Contractual structure – Conclusion.
The author, the draftsman of the contract, looks in some detail at PPC 2000, a single multi-party contract whereby the client, constructor (contractor) and all consultants work together under the same terms and conditions.
The authors explain ‘contracted mediation’ and how it differs from mediation, which is normally used when the dispute is already mature. They explain how it provides an ongoing mediation resource form the outset to help avoid, manage or resolve disputes in project based industries, with a panel appointed at the beginning of the project.
The author considers what remedies are available against public bodies if in exercising their statutory powers affecting construction they cause damage, injury or loss.
The author looks at the extent to which the House of Lords’ decision
in this case clarified and developed the law relating to third party loss
in the context of contemporary commercial practice in the construction
industry.
