June 2010

Thomas Young, in an article first prepared for the Practical Law website, considers the definition of "Cost" in the current suite of FIDIC forms of contract and then reviews the circumstances where "Cost" might be recovered.

January 2010

Simon Tolson, in a paper given to a recent RICS conference, discusses three key issues. First he sets out his view on the applicable English law on sustainable development. Second, he provides an update on payment law and construction contracts following the changes to the Housing Grants legislation. Finally, he considers key issues in relation to the JCT Standard Forms. These include looking at the 2009 revisions to the Standard Forms, dispelling common legal myths on “snagging”, reviewing the ongoing difficulties with sectionalisation, completion and time at large and finally looking at pinch points for the JCT Contracts in a recession.

November 2009

Barry Hembling, in a paper given at the latest Fenwick Elliott Capital Projects in the Education Sector Seminar discusses the current key issues in procurement law. These include looking at when the EU procurement laws actually apply, asking who can bring a claim for breach of the procurement rules and reviewing what remedies are available for breach of those rules.

November 2009

David Bebb, in paper given at the first Fenwick Elliott Procurement Update Seminar, reviews some of the important changes made by the JCT in revision 2 to the 2005 Standard Contracts, looks at some of the less well-known clauses in the GC/Works Contracts and also discusses the effect of some of the common amendments to the Standard Form Contracts.

November 2009

Jeremy Glover, in a paper given at the first Fenwick Elliott Procurement Update Seminar provides an update on the latest cases from Europe, Northern Ireland and England and Wales. This includes discussion of the basic principles of fairness, transparency and equality, a look at the time within which proceedings for breach of those principles must be brought as well as discussing the perils of electronic tendering and considering the question of whether amendments to provisions of a public contract can constitute a new award. Finally, the paper also looks ahead to the anticipated impact of the Remedies Directive which came into force in December 2009.

November 2009

The New Remedies Directive comes into effect on 20 December 2009. Igor Bichenkov explains how it might affect you.