In considering the answer to the question posed in the title, four provocative ideas are put forward: first, that there is not, or ought not to be, any difference between the duty of care owed by a professional and a contractor (they owe concurrent duties in tort);
The paper looks at the commercial and legal aspects of PFI which are of particular concern to the contractor, and considers how the contractor's legal team attempts to manage risk when drafting, reviewing and negotiating PFI documentation. The origins of PFI contracts is explored.
Professor Furmston considers the line of cases which have held that the express conditions about insurance in standard forms of contract have an effect on the liability of the parties to each other. He looks first at express insurance provisions which implicitly effect limitations of liability.
Andrew Bartlett and Kim Franklin look at contribution claims, explaining the background to the Civil Liability (Contribution) Act 1978 and some of its key provisions, and then discussing the recent House of Lords’ decisions...
udi Klein looks at the move towards concentrating on improving relationships in the construction industry to achieve improved relationships, rather than on contracts or contractual conditions, and considers in particular two cases, Birse Construction Ltd v St David Ltd and Baird Textile Holdings Ltd v Marks & Spencer plc.
The suite of FIDIC contracts published in 1999 (the ed, Yellow, Silver and Green Books) considered in the light of the development of standard practice over the last decade.
