UK

Shy Jackson May 2008 A paper based on the Commended entry in the Hudson Prize essay competition 2007. English law seldom imposes a duty to disclose information: in construction, should duties to disclose be imposed or recognised more widely? Shy Jackson considers the boundary between ethical and legal duties and the implications for construction of wider duties to disclose or inform. Introduction - Present law on disclosure - The exceptions to the rule - Construction: practical questions - The ethical dimension - Conclusions. Shy Jackson May 2008

Trevor Thomas May 2008 A paper based on the Highly Commended entry in the Hudson Prize essay competition 2007. When a construction employer, or his representative, is given power to make determinations affecting the rights of the other party to the contract to payment, under what circumstances will (or should) those determinations, in the form of certificates, definitively determine the rights of the parties? Trevor Thomas revisits that well-known debate from a perspective which contrasts the evolution of English law with recent case law developments in Australia. Trevor Thomas

What is meant by a 'global claim' or a 'total cost claim', and how do courts and arbitrators deal with such claims? John Lyden considers judicial approaches in a range of common law countries (England & Wales, Scotland, Ireland, the USA and Australia) and the details of proof which a claimant must provide for a claim to be acceptable and to lead to an award.

Under the UK system of statutory adjudication in relation to construction, it is essential, in order to attain the aims of the legislation, that scope for challenging adjudicators' decision should be limited. In his prize winning paper, Julian Bailey considers the accepted grounds of challenge to an adjudicator's decision, in order to resist enforcement proceedings in court. He argues that adjudicators should be seen as exercising power derived from statute and thus are subject to public law; and discusses the implications of this approach.

What might the plain language movement have to teach the drafters of standard form contracts and of statutes concerned with construction?

Professor Anthony Lavers

April 2008

A paper given to the European Society of Construction Law in Stockholm on 26th August 2006

Against the background of theongoing UK SCL's studies in ethics and the formulation of the Statement ofEthical Principles, a questionnaire containing a number of ethical issues wassent to each member of the European Society of Construction Law, and theresponses collated for comparative purposes.   In this p

Hamish Lal

February 2008

A paper presented to the Tyndall Centre for Nuclear esearch, University of Central Lancashire on 9th October 2007

Martin Howe

December 2007

A paper based on a talk given to the Society of Construction Law in Southampton on 9th October 2007

Alan W Shilston

January 2008 (edited and reprinted in memory of the author)

A paper given to a joint meeting of the Society of Construction Law and Society of Construction Arbitrators in London on 2nd June 1992.

In this SCLpaper from 1992, reprinted in memory of the author, Alan Shilston reflects onthe need for co-operation between those making a contribution to construction,the obstacles to its achievement and ways in which it can be encouraged.  Aspects discussed

Keith Pickavance

December 2007

A paperpresented to the inaugural meeting of the Four Counties branch of the Societyof Construction Law in  Milton Keynes on 22nd March 2007.