'Courts v Construction' - Accrual of a Cause of Action for Payment in Engineering Contracts
Paper summary
D72: Courts v Construction - Accrual of a Cause of Action for Payment in Engineering Contracts
Wendy MacLaughlin
UK
Barkin' Back: A New Look at Betterment
Ronan Champion
August 2006
A paper based on a commended entry in the SCL Hudson Prize essay competition 2005.
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.
Is the Construction Industry well served by the Legal Process?
Michael Blacker
July 2006
A paper given to a meeting of the Society of Construction Law in London on 7th March 2006.
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
Insuring the Integrated Team
Steve Bamforth
July 2006
A paper given to a meeting of the Society of Construction Law in Southampton on 21st March 2006.
The Revised CDM Regulations
Gillian Birkby
July 2006
A paper based on a talk given to the Society of Construction Law in London on 4th April 2006.
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.
The Liability of Public Authorities in Tort
Lord Justice Dyson
July 2006
A paper given to a joint meeting of the Society of Construction Law and the Technology and Construction Bar Association in London on 6th December 2005.
What are the recurring themes in the courts' search for principles to determine when a public body owes a duty of care in negligence?
Repudiation, termination and 'quantum meruit'
Julian Bailey
May 2006
A paper based on the second prize entry in the SCL Hudson Prize essay competition 2005 presented to a meeting of the Society of Construction Law in London on 2nd May 2006.
Introduction - What is a quantum meruit? - Historical origins of the alternative quantum meruit remedy - Subsequent 19th century cases - Post-19th century cases - Discussion - Conclusion.
Right Building - Wrong Place? Wrong Building - Right Place?
Philip Britton
May 2006
A paper based on the first prize entry in the SCL Hudson Prize essay competition 2005 presented to a meeting of the Society of Construction Law in London on 2nd May 2006.
Introduction - A recent example: Hunter v Canary Wharf - Legal background - The limited relevance of planning law - Assessing and managing 'neighbour risk' - The worst-case scenario - Conclusions.
The Great Delay Analysis Debate
Dr Julian Critchlow, Alastair Farr, Steve Briggs, John Hammond, Keith Pickavance and Professor Anthony Lavers
March 2006
A series of papers first presented by the Society of Construction Law, in association with the Centre of Construction Law & Management King's College London, at King's College on 18th October 2005.
Determination of the Contractor's Employment under Construction Contracts in IrelandDetermination of the Contractor's Employme
John ME Lyden
March 2006
A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork, Ireland on 5th December 2005.
Introduction - Express requirements of the IAI contract - Other points concerning the grounds for determination - Defective work at the date of determination - What happens after determination - Possibility of an injunction - Conclusions.