UK

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.

Contract Issues in the Use of Construction Building Information Modeling

Kimberly A Hurtado and Patrick O'Connor Jr
July 2009
A paper presented to the Society of Construction Law International Conference held in London, 6th-7th October 2008.

Following Howard Ashcraft's paper (number D101) on Building Information Modeling, the authors look at the legal issues raised and some recently published contract documentation used in the United States. They explain that the legal community is struggling to assist in developing meaningful contract terms relating to the use of BIM technology.

The Walk to Paradise Gardens: Flat-owners and Building Defects

Philip Britton and Mark Fairweather
May 2009
A paper derived from a talk to a meeting of the Society of Construction Law in Birmingham on 7th April 2009.

When owners of flats in a multi-unit development realise that their flats and ‘the common parts’ of their development may be suffering from construction defects, what rights do they have in law, on what legal basis, and against whom?