Publications

Understanding the FIDIC Red Book: A Clause by Clause Commentary - Second edition

by Jeremy Glover and Simon Hughes with an introduction by Christopher Thomas QC

Understanding the FIDIC Red Book, provides a clause-by-clause commentary of the FIDIC Red Book contract offering expert guidance on interpretation. Each clause is reproduced in full followed by a bullet point summary of key features plus additional commentary on the clause's operation, including points of interest and consideration of recent case law.

The Book also helps you solve problems frequently encountered in practice in relation to various clauses and compares the new contract with previous versions of the FIDIC Red Book and other widely used standard contracts. This includes an in-depth review of the Multilateral Development Bank Harmonised edition (or Pink Book) 2010 together with an explanation of how the Pink Book differs from the standard FIDIC Red Book contract. The commentary also discusses the changes in approach introduced by FIDIC in its 2008 Gold Book for Design, Build and Operate Contracts as well as looking at provisions introduced by FIDIC in its 2011 Conditions of Subcontract.

The publication has been jointly written by Jeremy Glover and Simon Hughes of Keating Chambers. Christopher Thomas QC also of Keating Chambers wrote the introduction and a forward has been provided to the first edition by Mr Justice Ramsey.

Second edition published by Sweet and Maxwell in in January 2012.
ISBN 9780414044609
£250

To order, email: publishing [at] fenwickelliott [dot] com

Mediating Construction Disputes: An Evaluation of Existing Practice

by Nicholas Gould, Claire King and Philip Britton

"Mediating Construction Disputes: An Evaluation of Existing Practice" is the full report of the 2006-2008 research, headed up by Nicholas Gould and Claire King of Fenwick Elliott and conducted by the Centre of Construction Law and Dispute Resolution at King's College London and the Technology and Construction Court. Much more has been written about the theory of mediation, and its proper place in the avoidance and resolution of disputes in construction, than about its actual use; this report combines hard detail about its practice within UK construction litigation with a summary of the existing knowledge about mediation in the common law world and about its relation to other formal and informal methods of dealing with construction disputes.

Download the report (pdf: 11MB)

Download a summary of the key points of the report (pdf: 115k)

Building contract disputes: practice and precedents

by Robert Fenwick Elliott and Jeremy Glover

This is the definitive guide for the busy practitioner on handling and resolving construction disputes. It sets out what has to be done, how it is done, by whom and when. In addition it provides relevant documents for each issue, along with extracts from relevant codes, procedural rules and protocols.

Coverage includes the initial drafting of a contract and its impact on resolving any subsequent dispute through to submitting a claim, letters before action, pleadings, the adjudication, arbitration or court hearing, costs and appeals. The book is published in loose-leaf format and updated annually to reflect the evolution of procedures for resolving disputes.

First published by Sweet & Maxwell in 1999
ISBN 0752003984
£280

To order, email: publishing [at] fenwickelliott [dot] com

Practical Construction Guides: Construction Law and Management

(2007) by Keith Pickavance, Dr Hamish Lal, David Risbridger, Mark Hackett, Anders Axelson, Nick Carnell, Julian Critchlow, Nicholas Gould Partner, Victoria Russell.

Construction Law and Management explains the state of design information appropriate to a given procurement route, and the need to identify risks and strategies for managing them. This handy desk side reference offers a comprehensive guide to construction law and management and is essential reading for anyone in the construction, architecture and engineering industries. This book is part of the Practical Construction Guides series.

Published by Informa in 2007
ISBN 978-1-84311-671-4
Price: £130

To order, email: publishing [at] fenwickelliott [dot] com

Dispute resolution in the construction industry

by Nicholas Gould, Phillip Capper, Giles Dixon and Michael Cohen

Funded in part by the Department of Trade and Industry and Society of Construction Law, Nicholas Gould led a four-man team which carried out research into construction disputes. This book sets out their findings and considers how the vast majority of disputes are resolved. It also explores the impact Alternative Dispute Resolution has had on the dispute resolution pathway.

The team detail the range of dispute resolution techniques available to parties to a dispute (from simple negotiation to mediation or conciliation to more complex umpire-led situations) and predict which of those techniques will become the resolution methods of choice in the future.

Published by Thomas Telford in 1999
ISBN 0727728369
£50

To order, email: publishing [at] fenwickelliott [dot] com

Making partnering work in the construction industry

by Julian Critchlow

This book analyses the concept of partnering as an alternative approach to the adversarial culture which has prevailed in contracting for the past 10 to 15 years. It provides a practical guide to how it can be implemented and the potential implications - evaluating the advantages and disadvantages to help readers determine whether it is appropriate for their own organisation. The book takes a balanced and pragmatic approach in trying to fill the gap of practical information on implementing partnering.

Published by Chandos Publishing in 1998
ISBN 1902375009
£55

To order, email: publishing [at] fenwickelliott [dot] com

Change management supplements

Fenwick Elliott and Pickavance Consulting have jointly created detailed guides to help practitioners incorporate the new Society of Construction Law protocols on the management of delay and disruption into each of the major JCT standard forms of construction contracts.

The two firms have drafted change management supplements and guidance notes for employers, contractors, design teams and contract administrators initially on four JCT contract forms. These include JCT98, JCT with contractors’ design, the IFC and major projects form.

The protocols move away from the traditional approach where the contractor is obliged to manage risk, but the contractor has to deal with the consequences of any changes.

The supplements are designed to ensure that the protocols are introduced into construction projects in a way which is both legally binding and consistent with the rest of the contract terms. The guidance notes, which complement each supplement, contain details of how to complete the supplements and operate the necessary procedures to manage change as a project proceeds.

For the employer the main benefit is that he can be closely involved in the change process rather than leaving the whole business to the contractor and hoping he will get it right. The major benefit for the contractor is that the supplements reduce the chance of things going wrong in the first place. And if problems arise, they ensure contractor and employer work together to get things back on track.

Download the JCT98 change management supplement (pdf 472kb)

Download a specimen practice note (pdf 439k)

For further information or to order copies of the supplements and guidance note, contact: Nicholas Gould at ngould [at] fenwickelliott [dot] com.

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