Articles - Contract issues

  • "Subcontracts"

    February 2012

    In this paper, Nicholas Gould considers some of the basic concepts of sub-contracting in the construction industry. By its nature, therefore, this paper touches upon many other substantive areas of law that are central to the study of construction law and will consider some of the problematic issues arising in respect of the relationship between employers, main contractors and sub-contractors, as well as exploring issues arising in respect of nomination and its failures.

  • "Cut the risks of civil disruption"

    February 2012

    David Toscano looks at the impact of the recent worldwide political turmoil on construction contracts, looking in particular at force majeure as insurance.

  • "Payment, security and challenging times"

    December 2011

    Julie Stagg, in a paper given at the last Capital Projects in the Education Sector Seminar summarises the recent changes to the payment regime and offers practical advice to assist clients in dealing with the new process. The paper goes on to consider the issue of performance and payment security, which is of great importance when facing an uncertain future economically. Finally, the paper considers what other protection may be available to clients in the sector to relieve the adverse consequences of contractor insolvency.

  • "The art of negotiation in a difficult market"

    December 2011

    David Bebb, in a paper given at the last Capital Projects in the Education Sector Seminar, looks at some of the most common amendments to standard contracts designed to shift risk firmly to the contractor’s doorstep and offers some tips on negotiating your way into a position where you can sleep a little easier at night.

  • "New FIDIC Particular Conditions of Contract for road works in Romania"

    November 2011

    Frederic Gillion comments on the Romanian government's introduction in March 2011 of new FIDIC conditions of contract applicable to road works, officially to address inconsistencies between the FIDIC forms of contract and Romanian legislation.

  • Recent developments in procurement law

    November 2011

    Jeremy Glover, in a paper given at the last Fenwick Elliott Construction Law Update Seminar, considers the impact of recent court decisions on pre-procurement planning and strategy. In particular he analyses the impact of the Remedies Directive and automatic suspension both in practice and before the courts. Finally with reference to the resolution of the European Parliament on 25 October 2011, he looks at the extent to which the procurement regulations may change in the future.

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