SCL International

UK

Enforcing Contractual Rights in the Irish Legal System

Anthony Hussey

January 2010

A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork on 19th October 2009

In discussing the enforcement of contractual rights in the Irish legal system, Anthony Hussey begins with the Commerical Court, successfully established in 2004. He goes on to look at arbitration, and its advantages over litigation, before considering adr in the form of mediation and conciliation as practised in Ireland.

International Process Plant Contracts: The IChemE Forms

Gordon H Bateman

December 2009

A paper presented to meetings of the Society of Construction Law in London on 2nd June and Newcastle on 23rd November 2009

Gordon Bateman explains the differences between process plant contracts and building contracts, and goes on to look at the standard forms published by the Institution of Chemical Engineers, both for domestic use and - published in November 2007 - international use.

Presenting Cases in Court - What a judge looks for

HH Judge David Grant

October 2009

An updated version of the paper presented to the Society of Construction Law in Derby on 3rd March 2009.

What expectations do TCC judges have of parties and their representatives during litigation? HH Judge David Grant gives the judicial perspective, stressing the duties on parties to co-operate with each other and with the court, with special reference to cost - and time-saving, the tools of case management and preparation for trial.

Professional Negligence in the Construction Field

Finola O'Farrell QC
September 2009
A paper given to a meeting of the Society of Construction Law at a meeting in Manchester on 29th June 2009

This paper examines the circumstances in which a duty of care in tort will arise between construction professionals and their clients or third parties, the basis on which damages are recoverable in the event of a breach of such duty and the impact of recent developments in this are on construction claims.

Contractors' Claims: Onerous Pre-conditions in the Irish Public Works Contracts

Patricia Hill
July 2009
A paper presented to the Society of Construction Law and and the Society of Chartered Surveyors in Cork on 17th November 2008.

The new suite of lump sum public sector construction standard forms introduced in Ireland in 2007 follows a general trend: the forms attempt to limit claims by the contractor for extra time, money or both by imposing strict time-limits and notice requirements on the contractor, as well as by defining delay events and compensation events limitatively and narrowly.

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