Since 1975, French law has given all subcontractors in construction and transport contracts significant statutory protections for their right to be paid, including rights of action against the Employer and financial guarantees.
In PFI projects, the Project Company is usually so thinly capitalised that it is important to protect its capital and cashflow. One aspect of this is to ensure that subcontractors' rights and obligations are fully ‘back-to-back' with those of the Project Company.
The author considers first what single-point design responsibility is, why it is pursued, and how it has been and is being sought. He then moves on to consider the way contractual arrangements have developed, the wording that has been used and the extent to which the contract forms have been successful in achieving their objectives in regard to liability for design.
Wendy MacLaughlin
When an asset is destroyed or damaged through negligence, in what circumstances is the full replacement cost the appropriate measure of damages? Or if the claimant thus obtains some advantage (‘betterment'), should this be evaluated and deducted from the damages? onan Champion explores English, Canadian, Australian and New Zealand caselaw and suggests that the right way forward is to accept – in appropriate cases – deductions for betterment.
Michael Blacker takes a personal and critical look at the legal profession, dispute resolution and to some extent the construction industry itself.
Introduction - The legal profession - The industry - Projects work - Mediation - Adjudication - Arbitration and litigation - Conclusion.
The author is Head of Legal at Amec Plc.
Text: 6 pages
PDF file size: 45k
The egulations and Approved Code of Practice are (at the time of publication) still in draft and the paper is based on the drafting current at April 2006 when the talk was given. Gillian Birkby looks at the background to the new revision and the philosophy behind it before going through some of the proposed new provisions.
What are the recurring themes in the courts' search for principles to determine when a public body owes a duty of care in negligence?
Introduction - What is a quantum meruit? - Historical origins of the alternative quantum meruit remedy - Subsequent 19th century cases - Post-19th century cases - Discussion - Conclusion.
