Professional Documents
Culture Documents
Published by Thomas Telford Publishing, Thomas Telford Ltd, 1 Heron Quay, London E14 4JD.
www.thomastelford.com
A catalogue record for this book is available from the British Library
ISBN: 978-0-7277-3485-3
ISSN: 1752 6841
# Thomas Telford Limited, unless otherwise stated, 2006
All rights, including translation, reserved. Except as permitted by the Copyright, Designs and Patents Act 1988,
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Preface
Many texts on the market focus on the contractual aspects of construction law. A construction professional, however, often needs a practical understanding of a much wider
range of subjects. This handbook is designed to service this ned and provide the busy
professional with an accessible resource. It covers the range of topics most commonly
required, and is written for non-lawyers without, we hope, sacricing accuracy or being
patronising. The authors are acknowledged experts and hence the text is both authoritative and reliable, and, as a result of frequent re-issues, will remain up to date.
The editors and the publishers would like to thank the authors of the individual
chapters for their unstinting commitment, hard work and adherence to deadlines.
Finally, we hope that you, the reader, will nd this handbook valuable in your work.
We are always keen to receive feedback and to consider changes for future re-issues.
Please address any comments to the publishers, who will forward them to us.
Jenny Baster
Ann Minogue
Michael OReilly
www.constructionlawhandbook.com
2007 edition
iii
Contents
Table of cases
Table of UK statutes and statutory instruments
Table of European legislation
xiii
xxxi
xxxvii
Biographies of contributors
xxxix
PART 1
Legal issues arising during the course of the
construction project
Section editor: Ann Minogue
1.1
1.2
Introduction
Development
Applications for planning permission
Determination of the planning application
Conditions and obligations
The duration of planning permission
Planning appeals
Enforcement
Environmental issues in relation to planning
Protecting heritage
Trees and hedges
31
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7
10
12
15
16
17
20
22
24
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34
36
41
v
5
6
1.3
Bank nancing
Bond nancing
42
43
47
1
2
3
4
5
1.4
1.5
1.6
49
49
50
52
64
71
Introduction
Risk transfer
Contractual matrix
Design and the technical documentation
Design development
Compliance monitoring
Service commencement
Construction (Design and Management) Regulations 1994
Direct agreements and collateral warranties
Application of the Housing Grants, Construction and Regeneration
Act 1996 (HGA), Part II, to PFI transactions
Dispute resolution
73
80
86
89
96
100
103
107
110
114
117
Tender process
119
1
2
3
4
5
6
7
8
9
10
11
121
128
142
144
152
152
153
155
161
169
170
Introduction
Tendering construction contracts
Tendering consultant contract
Tendering guidelines
Public sector tendering
Subcontract tendering
The risks in tendering
PFI/PPP/DBFO Contracts
Turning tenders into contracts
Tender abuses
Freedom of Information Act 2000
vi
Introduction
Why should public sector projects be dierent?
What constitutes the public sector?
Substantive procurement rules
Some problem areas in the application of procurement law
173
Introduction
The principal types of construction contract
Documents forming part of the construction contract
Part II of the Housing Grants, Construction and Regeneration
Act 1996
The applicable law of the contract
Selection of conditions of contract in practice
Subcontracts and collateral warranties
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175
177
186
188
189
190
195
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1.7
Construction insurance
1
2
3
4
5
197
General insurance
Types of insurance
Construction insurance provisions under traditional building
contracts and civil engineering contracts
Professional indemnity insurance (PI)
Latent defects insurance
199
206
213
214
216
PART 2
Organizing and engineers practice
Section editor: Jenny Baster
2.1
Ways of operating
1
2
3
4
5
2.2
255
Introduction
Reasons for establishing a joint venture
Principal considerations in establishing a joint venture to tender
Types of legal structure
Competition aspects
Conclusions
Introduction
Strategic considerations
Practical issues logistics
Regulatory frameworks
Some tax issues
Tax check-list
Form of appointment
Key issues that arise in appointment documents
Working for design and construct contractor
Standard forms
295
296
325
329
333
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271
271
273
278
282
290
293
Collateral warranties
1
2
257
257
259
262
267
267
269
2.5
227
231
239
252
254
Working internationally
1
2
3
4
5
6
2.4
Sole practices
Partnership
Companies
EEIGs
Summary
2.3
225
2007 edition
335
336
vii
3
4
5
6
7
8
9
10
2.6
2.7
Introduction
Professional indemnity insurance
Claims
Extensions
Project insurance
Disclosure requirements
351
355
355
361
365
366
366
367
336
338
339
341
349
350
350
353
Employment law
1
2
3
4
5
6
7
8
2.8
Introduction
Procuring and supplying technology as product
Procuring and supplying technology as services
General legal issues and computers
369
377
383
386
391
395
398
400
407
409
414
424
431
PART 3
General law
Section editor: Sir Vivian Ramsey QC
3.1
viii
445
Why bother?
Making a contract
Oer and acceptance
Consideration
Construction of a contract
Terminating or determining a contract
2007 edition
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449
451
453
454
461
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7
3.2
3.3
467
1
2
3
4
5
6
7
8
9
10
469
469
471
481
490
497
500
505
519
523
Introduction
The regulatory agencies
Enforcement
The Health and Safety at Work etc. Act 1974
Management duties
Management obligations construction and engineering projects
Construction-orientated legislation
Hazard-specic regulations: use of equipment
Supply of work equipment and materials
General workplace safety requirements
Insolvency in construction
533
Informal insolvency
Formal Insolvency
Insolvency set-o
Insolvency claims
Termination of contracts
Case study
Security for performance
Security for payment
535
536
544
548
552
558
561
565
Law of tort
1
2
3
4
5
6
7
3.5
464
1
2
3
4
5
6
7
8
3.4
573
Negligence
Nuisance
Rylands v. Fletcher
Breach of statutory duty
Occupiers liability
Defective Premises Act 1972
Trespass
575
590
598
600
601
605
606
Environmental issues
609
1
2
3
4
5
6
7
8
9
10
11
12
611
611
614
619
621
627
629
631
632
633
635
635
Introduction
Sources of environmental law and those who enforce it
Waste management
Water pollution
Contaminated land
Air pollution
Noise
Asbestos
Nature conservation
Environmental impact assessment
Environmental management systems
Public access to information
www.constructionlawhandbook.com
2007 edition
ix
PART 4
Construction disputes
Section editor: Mike OReilly
4.1
Administration of claims
1
2
3
4
5
6
7
8
9
4.2
4.3
Dispute avoidance
Legal basis of claims
Claims for extension of time
Liquidated damages
Claims for site conditions
Financial claims
Delay and disruption nancial claims
Management of claims
Particular administrative claim issues
641
657
667
739
750
755
762
770
773
Litigation
785
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
787
787
787
789
789
792
792
792
793
794
794
796
798
799
799
800
800
801
Introduction
The overriding objective
Pre-action
Commencing proceedings
Issuing a claim
Directions/case management conference
Is summary judgment appropriate?
Disclosure (formerly called discovery) Rule 31
Specic disclosure and inspection
Is it appropriate to make an oer of settlement?
Evidence
Hearings interim applications
Pre-trial review
Trials
Judgments
Time for complying with the judgment or order
Enforcement and costs
Funding issues
Arbitration
1
2
3
4
5
6
7
8
9
639
805
Introduction
Commencing an arbitration
The arbitration process
Preparation of factual evidence
Presentation of the case to the arbitrator
The arbitrators award
Particular powers of arbitrators
Particular problems
The international dimension
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807
808
810
811
812
813
816
817
818
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4.4
Adjudication
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
4.5
821
What is adjudication?
What contracts must provide a statutory right to adjudication?
The existence of a dispute
What provisions must be incorporated into a construction contract
to comply with the HGCRA 1996?
Notice of intention to withold payment
The statutory right to suspend performance for non-payment
The scheme for construction contracts
The nature of disputes usually adjudicated
Who may be an adjudicator?
The adjudicators jurisdiction
The appointment of the adjudicator
Fees and costs
The adjudicators powers
Duties of the adjudicator
Duties of the parties
Adjudication under contract
Specic provisions in the ICE (and other standard form) contracts
What is the position if only the referring party takes part in the
adjudication?
The form and content of an adjudicators decision
To what extent is the decision binding on the parties?
Enforcement of the adjudicators decision
The adjudicators immunity
Does the Human Rights Act 1998 apply to adjudication?
823
825
832
837
842
844
845
846
848
848
854
854
856
858
863
863
863
864
865
865
867
869
870
871
1
2
3
4
5
6
7
8
9
10
11
12
873
875
876
879
882
883
885
885
886
887
894
13
14
15
Introduction
Negotiated settlements
Mediation
Conciliation
Mini-trial
Dispute resolution panels
Early neutral evaluation
Expert determination
Mediationarbitration
Staged dispute resolution provisions
Amicable settlement
The legal eect of ADR clauses to what extent are they
enforceable?
Advantages and disadvantages of ADR
Selecting a mechanism for construction disputes
Limitation periods and time limits
Newsletter 20052006
Index
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897
898
900
901
925
2007 edition
xi
Table of cases
2007 edition
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861
749
592
204
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850
761
868
662
556
403
737
747
748
868
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598
860
717
778
861
832
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549
830
605
660
336
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760
583
868
736
861
867
571
564
857
551
858
562
554
465
663
203
737
839
582
866
748
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833
393
660
563
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681
539
773
660
125
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557
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679
594
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868
566
593
458
714
827
710
855
653
552
715
661
731
758
563
713
832
550
602
652
599
860
596
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599
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848
538
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861
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860
761
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855
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857
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599
714
556
864
849
336
835
865
750
631
890
604
841
665
529
679
759
844
596
829
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xvii
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Glencot Development and Design Co. Ltd v. Ben Barrett & Son (Contractors)
Ltd [2001] BLR 207
654, 823, 861,
Glenlion Construction Ltd v. Guinness Trust [1987] 39 BLR 89
671, 721,
Glossop v. Heston & Isleworth Local Board [1879] 12 ChD 102
Gold v. Patman and Fotheringham
Great Eastern Hotel Company Ltd v. John Laing Construction Ltd [2005]
EWHC 181
Greaves & Co. (Contractors) Ltd v. Baynham Meikle [1975] 3 All ER 99
Grin and Tomlinson v. Midas Homes Ltd [2000] 78 Con LR 121 833, 838, 846,
Grovedeck Ltd v. Capital Demolition Ltd [2000] BLR 181
829,
Guardi Shoes Ltd v. Datum Contracts (unreported, 28 October 2002, Ferris, J)
H Fairweather and Co Ltd v. London Borough of Wandsworth [1987] 39 BLR 106
H.W. Nevill (Sunblest) Ltd v. William Press & Son Ltd [1981] 20 BLR 83
H.W. Neville (Sunblest) Ltd v. William Press and Son Ltd [1981] 20 BLR 78
Hadley v. Baxendale [1854]
739,
Halesowen Presswork v. National Westminster Bank [1972] AC 785
Halifax Financial Services Limited v. Intuitive Systems Limited [1999]
CILL 1467
Halki Shipping Corpn. v. Sopex Oils Ltd [1998] 2 All ER 23
824,
Hall v. Beckenham Corp. [1949] 1 KB 716
Halls v. ODell [1992] 2 WLR 308
Halsey v. Milton Keynes General NHS Trust [2004] EWCA Civ 576
652, 874,
Hampton v. Toxteth Co-operative Provident Society Ltd [1915] 1 Ch 721
Hargreaves v. Action 2000 [1993] BCLC 1111
Harlow & Milner Ltd v. Teasdale [2006] EWHC 1708
Harmon CFEM Facades (UK) Ltd v. The Corporate Ocer of the
House of Commons [1999] All ER(D) 1178
64,
Harper v. Haden & Sons [1933] Ch. 298 at 308
590,
Harrington v. Co Partnership [1998] 88 BLR 44
Harrop v. Thompson and other [1975]
Harvey Shoptters Ltd v. ADI Ltd [2004] 2 All ER 982
Hassneh Insurance v. Mew [1993] 2 Lloyds Rep. 243
Havant Borough Council v. South Coast Shipping Company Ltd [1996] CILL 1146
Hayter v. Nelson [1990] 2 Lloyds Rep. 265
Henderson v. Merrett Syndicates Ltd [1995] 2 AC 145
Henderson v. Merrett [1994] 3 All ER 506
Henderson v. Merrett [1994] 3 WLR 761
Henry Boot Construction (UK) Ltd v. Malmaiston Hotel (Manchester) Ltd
[1999] 70 ConLR 32
Henry Boot Construction Ltd v. Alstom Combined Cycles Ltd [2005] EWCA
Civ 814
Henry Boot v. The Croydon Hotel [1985] 36 BLR 41
Herschel Engineering Ltd v. Breen Property Ltd [2000] BLR 272
838,
Herschell Engineering Ltd v. Breen Property Ltd (unreported, 28 July 2000)
Heskell v. Continental Express Limited [1995] 1 All Eng 1033
Heyman and another v. Darwins Ltd [1942] AC 356
Hickman v. Roberts [1913]
Hills Electrical and Mechanical plc v. Dawn Construction Ltd [2003] ScotCS 107
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778
597
207
737
215
850
857
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775
681
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545
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201
547
868
128
591
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578
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570
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737
836
768
840
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680
716
562
606
852
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853
531
670
571
590
595
180
454
845
776
714
449
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713
672
681
781
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838
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778
863
763
770
763
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889
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465
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Mannai Investment Co. Ltd v. Eagle Star Life Assurance Co. Ltd [1997] AC 749
454, 455
Marcic v. Thames Water Utilities [2002] 2 WLR 932
597
Marcic v. Thames Water Utilities [2004] 2 AC 42
593, 598
Mark Rowlands Ltd v. Berni Inns Ltd [1986] 1 QB 211 (CA)
205
Markos v. Goodfellow and others [2002] EWCA Civ 1542
866
Marshalls Clay v. Cauleld and Ors
397
Martin Grant and Co. Ltd v. Sir Lindsay Parkinson and Co. Ltd [1984]
674
Matthew Hall Ortech Limited v. Tarmac Roadstone Limited [1997]
759
Maxi Construction Management Ltd v. Mortons Rolls Ltd [2001] ScotCS 199
840
Mayer Parry Recycling v. The Environment Agency (High Court, 9 November 1995)
615
Mayeld Holdings Ltd v. Moona Reef Ltd [1973] INZLR 309
776
Maymac Environmental Services Ltd v. Faraday Building Services Ltd [2000] 75
Con LR 101
849
McAlpine PPS Pipeline Systems v. Transco [2004] BLR 352
837
McArdle v. Andmac Roong Co. [1967] 1 All ER 583
528
McGlinn v. Waltham Contractors Limited [2005] BLR 432
653
McHale v. Watson [1966] 115 CLR 866
580
McLaren Murdoch & Hamilton Ltd v. The Abercromby Motor Group Ltd [2002]
659
Medical Defence Union v. Department of Trade [1979] 2 All ER 421
201
Melville Dundas Ltd v. George Wimpey Ltd and another [2005] ScotCS CSIH 88 843
Merrett v. Babb
365
Mertens v. Home Freeholds Co [1921]
659
Michael John Construction Ltd v. Golledge and others [2006] EWHC 71
831, 868
Midland Expressway Ltd v. Carillion Construction Ltd (No. 1) [2005] EWHC 2963
825
Midland Land Reclamation Ltd v. Warren Energy Ltd [1997]
733
Milburn Services Limited v. United Trading Group (UK) Limited [1995] 52
ConLR 130
775
Millers Specialist Joinery Co. Ltd v. Nobles Construction Co. Ltd
(unreported, 13 August 2001)
842
Minster Trust Ltd v. Traps Tractors Ltd [1954]
768, 780
Minter v. WHTSO [1981] 13 BLR 1
764
Mitsui Babcock Energy Services Ltd 2001 S.L.T. 1158
829
Modern Structural (Scotland) Plastics v. Tayloroof
(unreported, 3 December 1990)
563
Money Markets v. Stock Exchange [2002] 1 WLR 1150
552
Monk Building and Civil Engineering Ltd v. Norwich Union Life Assurance
Society (CA) (1993)
662
Monk Construction Limited v. Norwich Union Life Assurance Society
163
Monmouthshire County Council v. Costelloe & Kemple Limited [1965] 5 BLR 83
808, 833, 884, 888
Moores v. Yakeley Associates (Court of Appeal 1999)
306
Motherwell Bridge Construction Limited v. Mical Vakuumtecchnik [2002]
TCC 81 ConLR 44
723, 732, 736, 766
Mowlem plc (T/A Mowlem Marine) v. Stena Line Ports Ltd
164
Mowlem plc v. PHI Group Limited [2004]
662
Mowlem plc v. Stena Line Ports Limited [2004] EWHC 2206
661, 663
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Symington & Co. v. Union Insurance of Canton Limited [1928] 45 TLR 181
T.A. Bickerton & Son Ltd v. North West Metropolitan Regional Hospital Board
(1969)
Tara Civil Engineering Ltd v. Mooreld Developments Ltd [1989] 46 BLR 74
Tate & Lyle v. Greater London Council [1983] 2 AC 509
Taylor v. Brown [1839]
Temloc Ltd v. Errill Properties Ltd [1987] 39 BLR 34
717,
Temloc v. Errill Properties Ltd [1987] 39 BLR 30
Tennant Radiant Heat Ltd v. Warrington Development Corporation [1988]
1 EGLR 41
Terrell v. Mabie Todd and Co. [1952]
Tesco Stores Ltd v. Costain Construction Ltd [2003] EWHC 1487
164,
Tesco v. The Norman Hitchcox Partnership [1997] 56 ConLR 42
Thakrav v. Ciro Citterio Menswear plc [2002] EWHC 1975
877,
The Atlas Ceiling & Partition Co. Ltd v. Crowngate Estates (Cheltenham) Ltd
[2000] 18 Const LJ 49
The Construction Centre Group Ltd v. The Highland Council [2002] BLR 476 656,
The Construction Centre Group Ltd v. The Highland Council [2003] ScotCS 114
The Epaphus [1987] 2 UR 213
The London Borough of Hounslow v. Twickenham Gardens Development [1970]
78 BLR 89
The Mayor and Burgesses of the London Borough of Lambeth v. Floyd Slaski
Partnership and Mastrandrea (unreported, 2 November 2001)
838,
The Project Consultancy Group v. The Trustees of the Gray Trust [1999]
BLR 377
848,
The Queen in Rights of Canada v. Walter Cabbott Construction Ltd [1975] 21
BLR 26
The Royal Brompton Hospital NHS Trust v. Watkins Gray International
(Dec 2000)
The Rugby Group Ltd v. Proforce Recruit Ltd
The Tychy (No. 2) [2001] 2 Lloyds Rep 403
Thomas-Fredrics (Construction) Ltd v. Keith Wilson [2004] BLR 23
830,
Thompson v. Alexander & Partners [1992] 59 BLR 81
Thompson v. T Lohan (Plant Hire) Ltd [1987] 2 All ER 631
Thompson-Schwab v. Costakis [1956] 1 WLR 325, 335
591,
Thorne v. London Corp [1876] 1 Ap. Cas. 120
Tim Butler Contractors Ltd v. Merewood Homes Ltd [2000] 18 Const LJ 74
Tito v. Waddell (No. 2) [1977] Ch 106
Tong Tien See Construction v. Tong [2002] 3 SLR 76
Top Shop Estate Ltd v. Danino [1985] 1 EGLR 9
Total M & E Services Ltd v. ABB Building Technologies Ltd [2003] 87 Con LR
830, 856,
Trimis v. Mina [2000] 2TCLR 346
Tripp v. Armitage [1839] 4 M&W 687
Trustees of the Strateld Saye Estate v. AHL Construction Ltd [2004]
EWHC 3286
761,
Try Construction Ltd v. Eton Town House Group [2003] BLR 286
Tunnel Reneries v. Brya Donkin [1998] CILL 1392
Turi Construction Ltd v. Regalia Knitting Mills Ltd [1971]
161, 661,
830
859
578
662
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673
201
1838
800
1875
515
1890
1906
204, 355
1907
231, 234
1909
1925
1930
823
1935
343
1943
463
1945
1950
1957
1958
1961
1963
476
1967
497
1969
526
1969
1970
1971
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5
347, 539
588, 604
807
601, 602, 603
502
476, 531
476, 497
380
479, 525
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1972
1974
1975
1976
1977
577, 605
525
19, 51
1979
1980
1981
25
562
348, 589, 900
497
895
8
558
632
1982
1983
514, 632
1984
886
800
601
473
1985
1986
1987
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797
350, 460, 582, 669, 713
227, 237
236, 242, 247, 250, 319, 538, 542, 544,
548, 550, 551, 563, 566, 827
Construction Plant and Equipment (Harmonization of Noise
Emissions Standards) Regulations 1985
631
Ionising Radiations Regulations 1985
472
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526
513, 632
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1988
325, 416
475
229
516
1989
508
507
492
629
510
621
613
1990
1991
1992
1993
227
439
632
591, 613, 614, 616, 618, 621,
623, 626, 629
Planning (Listed Building and Conservation Areas) Regulations 1990
27
Planning (Listed Buildings and Conservation Areas) Act 1990
25
Town and Country Planning (Listed Buildings and Conservation Areas)
Act 1990
28
Town and Country Planning Act 1990
5
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607
515, 631
614
520
635, 636
491, 524
484
491, 511
491, 507
372
519
380, 391
523
627
54, 150
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1994
1995
812
380, 390
621
54
495
1996
1997
1998
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502
505
525
30
521
592
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1998
1999
2000
2001
506, 521
371, 373, 380
505
371, 373, 380
311, 322, 845
373, 380, 494
620
114, 216, 299, 300,
330, 336, 352
Control of Substances Hazardous to Health Regulations 1999
511
Employment Relations Act 1999
399
Environmental Impact Assessment (England and Wales)
Regulations 1999
23
Environmental Impact Assessment (Scotland) Regulations 1999
633
Fire Precautions (Workplace) Regulations 1999
525
Ionising Radiations Regulations 1999
515
Local Government Act 1999
49, 51
Management of Health and Safety at Work Regulations 1999
479, 486,
491, 498, 517, 519, 527
Management of Health and Safety Regulations 1999
509, 512, 513
National Minimum Wage Regulations 1999
371, 373
Quarries Regulations 1999
516
Town and Country Planning (Environmental Impact Assessment)
(England and Wales) Regulations 1999
19, 633
Unfair Contract Terms in Consumer Contracts Regulations 1999
342, 345
Unfair Terms in Consumer Contracts Regulations 1999
831
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787,
621,
441,
63,
801
623
442
170
542
435
231, 234
371, 380
510
435
18
19
19
18
231, 233, 234
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2002
323
512
513, 514
491, 512
511
517
388
543, 546
372, 380
511
511
22
19
2003
2004
2005
2006
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424
380, 390
380, 390
11
372
403
491, 508
491, 518
434
227
546
515
404
500
54, 55, 57, 63
54, 63, 64
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1976
1977
1979
633
1983
513
513
1984
Directive 84/532/EEC
631
1985
Directive 85/337/EEC
633
1989
1990
1992
Directive 92/13
Directive 92/50/EEC
Habitats Directive 92/43/EEC
Temporary or Mobile Construction Sites Directive 92/57/EEC
1993
Directive 93/36/EEC
Directive 93/37/EEC
Directive 93/38/EEC
Low Voltage Directive
54
54
54
522
1995
521
1997
Directive 97/11/EC
Directive 97/39/EC
633
633
1998
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513
404
391, 392, 393, 401
471
525
54, 63
513
54
54
633
498, 500
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1999
517
381, 382
2000
440, 442
441
401
2001
Directive 2001/45/EC
516
2002
Directive 2002/44/EC
Directive 2002/73
Road Transport Directive
518
404
403
2003
Directive 2003/10/EC
508
2004
Directive 2004/17/EC
Directive 2004/18/EC
54
50, 54, 59
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Biographies of contributors
Section editors
Ann Minogue
Ann Minogue is a Partner and head of Linklaters real estate construction and engineering team; having originally been a Partner in McKenna & Co from June 1985. She read
law at Clare College, Cambridge and qualied as a solicitor in 1980.
She specialises in non-contentious construction work and has drafted amendments
to various of the standard forms as well as drafting new forms of contract to cater for
more diverse procurement methods. In particular, she drafted the British Property
Federations standard forms, the new edition of DOM/1 and the new GC/Works/
Sub-Contract. She was involved in drafting the construction documentation for the
major 1980s projects Canary Wharf, Broadgate, Ludgate and the Channel Tunnel
Project and has since been involved in some of todays bigger projects the Royal
Opera House, Tate Modern, the Hungerford Bridges Project, Stockley Park, the British
Museum Great Court Project.
In the Central London oce market, she has also been involved in the construction
documentation (including the construction aspects of development agreements and
agreements for lease) on the recent developments at Garrard House, Gresham Street,
59 Gresham Street, the Paternoster re-development, 33 Holborn (the old Mirror
building) and Atlantic House, Holborn.
She also sits on the BPF Construction Committee and advises the BPF on construction matters as well as representing the Construction Clients Forum on the JCT
Drafting Sub-Committee.
She is a contributor on construction matters to Freemans Guide to the Property
Industry and the Architects Legal Handbook. She had a monthly column in Building
Magazine on construction law issues.
Jenny Baster
Jenny Baster qualied as a solicitor in 1978. Having worked rst at a law centre and
subsequently in a City practice, in 1985 she joined Ove Arup Partnership, a leading
international rm of consulting engineers, where she is Legal Director. She has extensive
practical experience advising on the legal aspects of the rms day to day operations,
with a particular involvement in contractual and insurance matters. She has experience
of litigation, arbitration and other forms of dispute resolution in the UK and
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Authors
Mark ONeill
Mark ONeill qualied as a New Zealand barrister and solicitor in 1985. He joined Allen
& Overy in 1991 and became a partner in the banking department in 1995.
Mark has a broad banking practice but specializes in property nancing both
investment and construction. He heads the Property Finance Group at Allen & Overy
and acts for a number of leading property nance banks and property investors. He
has been involved in numerous construction nancings over recent years, employing
various construction contract models.
John Scriven
John Scriven became a partner at Allen & Overy in 1988. He specializes in advising on
major projects world-wide including water, power, road, telecommunications and other
infrastructure projects, advising sponsors, project companies, lenders and contractors.
John has also advised sponsors, project companies, lenders and investors on UK Private
Finance Initiative (PFI/PPP) schemes for hospitals and healthcare, water treatment,
light rail and prison construction and operation.
He has a particular interest in construction law and related issues, and heads the
Construction Law Group which is an integral part of the Allen & Overy Projects
Group. In addition, John has advised in a number of property development transactions
acting for employers, investors, lenders and tenants.
He is editor and co-author of A contractual guide to major construction projects (1999),
and contributor to Future directions in construction law (1992) and Risk management and
procurement (1995).
David Marks
David Marks is a partner in CMS Cameron McKenna where he specializes in EC and
competition law. A growing aspect of his practice is advice on both contentious and
non-contentious aspects of the EC and WTO procurement regimes.
He has worked on major PFI/PPP schemes both in the UK and in continental Europe.
He has also been involved with many of the main Lottery funded cultural projects.
David is a frequent speaker on procurement law issues. He has practised in Brussels
where he ran his rms oce. He has also studied law in France and Germany.
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Adrian Smith
Adrian Smith is a Chartered Quantity Surveyor with over 30 years experience in private
practice, the public service and as a university academic, including six and a half years
working in Hong Kong.
He is presently employed as a Tutor in Project Management at the College of Estate
Management in Reading, and also as an Associate by James R. Knowles Procurement
and Partnering Services. In addition to best practice in construction procurement, his
specialist skills include disputes avoidance, privately nanced infrastructure, information technology in construction, and construction education. His publications in these
areas presently include four full length books and a substantial number of internationally refereed journal articles and conference papers.
Tracy London
Tracy is a specialist non-contentious construction lawyer and has been in Herbert
Smiths Construction and Engineering group since 1999. Prior to that time she
worked as a lawyer in Australia. She has more than ten years experience as a noncontentious construction lawyer in various sectors, both national and international,
including the energy and resources sector. Her role is focused on the preparation and
negotiation of construction related documentation, procured both traditionally and
under project nance structures, including PFI.
Nicholas Downing
Nicholas Downing is a specialist non-contentious construction lawyer and has been a
partner in Herbert Smiths Construction and Engineering Department since 1997. His
role is focused on the preparation and negotiation of construction-related documentation for a wide range of projects, whether procured traditionally or under project nance
structures. He is particularly interested in innovative procurement methods.
Herbert Smith has one of the leading construction and engineering law practices
among UK law rms. The rm is also regarded in independent reviews for the legal
profession as the leader in the PFI market and has acted on many of the largest or
most complex PPP transactions to date. In 1999, Herbert Smith was named as Law
Firm of the Year by Chambers.
The depth of Nicholas experience is illustrated by some of the leading transactions
with which he has been involved. For traditionally procured projects, he has advised
on Disneyland Paris, the construction of designer outlet villages across the UK and
mainland Europe for BAA-McArthur/Glen, numerous new headquarters buildings
for leading City institutions and major leisure, oce and retail developments for some
of the UKs largest developers, such as Land Securities and Hammerson.
In the PPP context, Nicholas advises projects sponsors, project companies and
nanciers. Some of the leading deals on which he has worked include GCHQ (one of
the largest and most sophisticated facilities to be built under the PFI), Kings College
London, Health and Safety Laboratories and Queen Elizabeth Hospital at Greenwich
(which has won an award for best degree of risk transfer).
Nicholas speaks regularly at seminars on construction law.
David Hudson
During a career spanning over 25 years, David Hudson has gained extensive experience
in project management, quantity surveying and construction/property consultancy
covering a wide range of projects in both the public and private sectors. David has
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been involved in projects in both the UK and overseas, with values ranging from 1
million up to 400 million.
David joined Tropus (formerly McBains Ltd) in 1978, and is now Chairman with overall responsibility for nancial performance. Additionally, as Chief Executive of McBains
Investment Management Limited (MIM), which was set up in 1995 to lead consortia and
raise nance for PFI projects. David is responsible for running all PFI activities and has
won four projects as Preferred Bidder and ve more as Reserve Preferred Bidder. As well
as leading consortia, David is directly responsible for nancial modelling and for
negotiating the contract structures.
Currently, David is a board member of Broomleigh Housing Association, one of the
UKs largest Housing Associations and an active member of the British Property
Federation.
Kirstin Warley
Kirstin Warley is a professional support lawyer in the Construction group at Linklaters.
She advises and trains lawyers on all aspects of construction law, participates in government and industry body consultations, drafts precedent construction documentation
and produces regular updates on recent legal and industry developments. Prior to
becoming a professional support lawyer, Kirstin worked as a client-facing solicitor in
London (specialising in international construction arbitration) and in Australia where
she prepared and negotiated documentation for construction, infrastructure, defence
and telecommunications projects. She is admitted as a solicitor in England and Wales
and in New South Wales, Australia.
William Gloyn
Bill Gloyn is the Chairman of Aon Risk Services, Commercial Property Group which he
set up in 1983. He heads up the Real Estate Practice Group which has representatives
from all Aon European territories. He rejoined the company in 1992 after three
years as Vice PresidentInsurance of Olympia & York where he controlled their
London-based insurance programme. He remains a consultant to Canary Wharf
Group plc.
He advises the British Property Federation on insurance matters and has been
appointed as BPF Construction Clients Forum representative on the Construction
Industry Board Liability & Latent Defects Insurance Working Group set up to consider
the way forward following publication of the Latham Report on the future of the
construction industry.
FIABCI elected him to membership in 1987 and in June 1999 he was installed as VicePresident of the European Committee.
In addition to being a member of the City of London Law Society Construction
Industry Working Party, Bill is an external tutor for the Masters Degree in Construction
Law at Kings College, University of London. He is a regular speaker at conferences and
a contributor to the property and legal press. He is joint author of A Guide to Commercial Property and Construction Insurance and A Handbook of Property Management and
a contributor to the Freemans Guide to the Property Industry.
Marshall Levine
Marshall Levine studied law at University College, London, obtained a further degree in
Estate Management and his Masters in Construction Management at Reading University.
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Marshall qualied as a solicitor in 1982 and has been a partner of Linklaters (part of
the Linklaters & Alliance group) since 1989 and is currently Head of the Construction
and Engineering Group. He has been involved in a wide range of property and construction matters, including dispute resolution and advice in relation to many major
joint ventures, construction projects and construction nancings.
He is involved in PFI projects in the UK and in Europe in the health, waste water
infrastructure and property sectors advising consortia, lender and government bodies
of PFI structuring, and PFI/PPP projects generally. He is particularly involved in
exporting PFI to Europe including Cyprus, Russia and Germany.
He is author of Construction and Engineering Precedents, Construction and UK
Insurance Law, and Construction and Environmental Law.
Ray Robinson
Ray Robinson, a Fellow of the Chartered Insurance Institute and a registered Insurance
Broker, is the Technical Consultant for the Commercial Property Group of Aon Limited
and the editor of Aons regular newsletter Property Eye.
Before joining Aon, Ray spent nearly 40 years in the insurance industry, most of it
with Royal & Sun Alliance. For a number of years he was the Underwriting Manager
for the prestigious Sun Alliance property owners account in the West End. He also
managed their Building Defects account during the same period.
Ray has written numerous articles and papers on a wide range of topics in the property
and legal press and is a regular speaker at seminars and conferences on insurance subjects of interest to the property world. He is the author of a number of underwriting
and training manuals and has contributed to several externally published works including the Handbook of Property Management and the Construction Law Handbook. He has
represented both the Association of British Insurers and the British Property Federation
in discussions on the future of latent defects insurance and was instrumental in setting up
the discussions between those two bodies that led to the development of the latest
products.
Richard Linsell
Richard Linsell is head of the Professional Practices Group at Addleshaw Goddard LLP
and is the current Chairman of the Association of Partnership Practioners. Richard is
probably the solicitor most associated with the UK LLP movement. He qualied as a
solicitor in 1972 with Mayer, Brown, Rowe & Maw and became a partner in 1976. In
the last ten years he has gradually developed what is now undoubtedly one of the
most prestigious professional practices in the UK. Rowe & Maw have traditionally
acted for professional rms in the building services sector. However, in those ten
years Richard has added major rms in the accountancy, actuarial, patent and trade
mark and even legal sectors to the client portfolio.
The Professions Group at Rowe & Maw is a multi-disciplinary grouping, led by
Richard Linsell, dedicated to understanding and fullling the legal services needs of
the regulated professions.
Caroline Abrey
Caroline Abrey is a partner in the corporate/commercial department of Shadbolt & Co.
Solicitors. Caroline has a wide range of commercial experience including corporate
nance, company acquisitions and disposals and trading relationship agreements including domestic and international joint ventures.
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Caroline Cree
Caroline Cree is a Chartered Civil Engineer with some twenty years experience of working in the construction industry, rst as a consulting engineer and then as a contractor
and management consultant. Caroline is currently responsible for risk management
within Carillion plc. This encompasses all aspects of the construction to services spectrum. Working under conventional and innovative contractual arrangements, including
traditional construction and building projects, project nance and the range of facilities
management services. These projects include large-scale joint ventures and partnering
arrangements in Europe and overseas.
Christopher Morgan
Chris is an International Tax Partner in the KPMG London oce.
He qualied as a solicitor in 1991 in the tax department of a large city law rm. He
joined KPMG in Milan in 1993 where he worked for a year, advising mainly US and
UK clients on investing into Italy, and mergers and acquisitions. He returned to
London in 1994 and became a partner in the International Tax Group in 1998.
Chris specializes in advising on cross-border transactions including reorganisations,
mergers and acquisitions, joint ventures and business structuring. He also provides
advice on specialized areas of UK international law such as the controlled foreign company legislation, double tax relief, and thin capitalization issues. Chris is also a member
of a multi-disciplinary team focusing on ways of exploiting intellectual property.
Chriss clients are multi-nationals in a wide range of industries including pharmaceuticals, shipping, manufacturing and professional services.
During the past year, Chris has been heavily involved in discussing the implementation of a tonnage tax for shipping with the Chamber of Shipping and the Inland
Revenue. He has also played a leading role in establishing a new law rm, Klegal,
which is associated with KPMG.
Steve Priddy
Steve is Finance Director of the Building Engineering division of Ove Arup Partnership
Limited.
He joined Arup in 1986. In 1997 he was awarded a doctorate in Social Sciences from the
University of London. He is Vice Chair of the Corporate Sector Network at the Association
of Chartered Certied Accountants (ACCA). He has written several articles in the Corporate Sector Newsletter of the ACCA on topics such as benchmarking, key performance
indicators, and the challenges posed to accountants by the new technology ventures.
He has considerable experience of working in the Middle East, Turkey and, latterly,
mainland Europe. He has been integrally involved in setting up of oces in Germany,
Spain and Turkey and other major Eurozone locations. Additionally, he has been involved
with oshore working arrangements in many countries. He aspires to be a good European.
With Arup he has developed nancial training for non nancial people and is
integrally involved in the rms commercial management programme. He believes
strongly in simplication and the importance of situating accounting in the context of
the business organization and wider society.
Rachel Barnes
Rachel Barnes obtained a law degree from Bristol University in 1972. She joined Beale
and Company in June 1973, qualied as a solicitor in 1975 and became a partner in the
rm in 1977.
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From 1975 to 1985 she was concerned mainly with construction litigation. For the most
part, this involved defending consulting engineers in High Court cases and arbitrations in
the UK, but she also handled some international claims. From 1985, she has worked predominantly on the non-contentious side of the rms practice, giving advice to construction professionals and developers on conditions of engagement and collateral warranties
for all types of projects, both in the UK and overseas. She has also advised on tenders,
architectural competitions, joint ventures for developers and on standard client form
agreements. She also advises consulting engineers and contractors on building contracts.
Rachel also lectures and topics have included the CDM Regulations, the Construction
Act payment provisions and the Contracts (Rights of Third Parties) Act. She assisted the
Association of Consulting Engineers in drafting the ACE Conditions of Engagement
1995 and the 2nd Edition.
Since February 1997, she has been a regular contributor to Building magazine, writing
on matters that particularly concern consultants. She has written a book, Professional
Services Agreements with Les Edwards of Mouchel Consulting concerning the risk
management of professional services contracts for consultants.
Clive Marsden
Clive Marsden is contracts director for Haskoning UK Ltd., the operating company in
the United Kingdom of Royal Haskoning a 3,000-strong international engineering and
environmental science consultancy with its group head oce in Holland.
Clive graduated from the University of London in 1968 with an honours degree in civil
engineering. In the early part of his career he worked for both consulting engineers and
contractors before settling with his current employer with whom he has been for nearly
thirty years, though his employers name has changed variously from Posford Pavry
and Partners, through Posford Duvivier and Posford Haskoning to its present name.
Clive has experience in many aspects of civil engineering, both in the United Kingdom
and internationally, and has been involved in the design and construction of large
infrastructure projects such as power stations, ports, roads and bridges, prisons and
underground railways. He has lived for several years in the Middle East and North
Africa.
Clive is a Fellow of the Institution of Civil Engineers and also possesses a Diploma in
Accounting and Finance. He has training in construction contract law from Nottingham
Trent University. In recent years he has become active in the Association for Consultancy and Engineering (ACE) and currently chairs ACEs legal and liability committee.
Clive has also contributed to a Construction Industry Council contract working group
and has a place on that organisations liability panel. Much of Clives work for
Haskoning UK Ltd. involves striking a balance between commercial opportunity and
contractual risks, a balance which he hopes he has brought to his contribution to this
handbook.
Patrick Holmes
Patrick Holmes is a solicitor. He is a partner in Macfarlanes specializing in noncontentious construction work and property development. His construction experience
encompasses a wide range of drafting and advisory practice areas including project
documentation, building contracts, professional appointments and collateral warranties. Acting for a range of developers, funds, contractors, consultants and end users
provides a broad perspective and understanding of their dierent concerns and requirements and how these can be reconciled to meet the needs of each particular project. He is
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also a regular speaker at conferences and contributes to the legal and construction press.
Recent speaking engagements include papers on design liability and the impact on the
construction industry of the Contracts (Rights of Third Parties) Act 1999.
Ewan MacGregor
Ewan MacGregor is Director of Legal and Risk Management at Griths & Armour
Professional Risks and previously Director of Risk Management and Legal Aairs at
Oscar Faber Group Ltd, an international rm of consultants to the property, transportation and construction industries.
He has responsibility for negotiating appointments and for dispute resolution through
mediation, adjudication and arbitration. He has established a bespoke risk management
strategy covering all aspects of the companys appointments.
He has previously managed the Facilities, Health & Safety and Environmental groups
within the company.
He has a rst class honours degree in Environmental Engineering and has an MSc in
Construction Law and Arbitration from Kings College, London. He is a Fellow of the
Chartered Institute of Arbitrators.
Ewan has a background in Acoustics and Hazard & Operability studies as well as being
a Chartered Engineer and an IEMA Registered Environmental Auditor. He has acted as
an expert in various disputes relating to property development and construction.
He currently sits on the Association of Consulting Engineers Client Focus and Legal
& Liability Committees.
Stephen Bamforth
Stephen Bamforth joined Griths & Armour in 1986 after graduating from Churchill
College Cambridge and was made a partner in the rm in July 1994.
He specializes in advising ACE member rms on their professional indemnity insurance requirements and is engaged in research into alternative insurance arrangements
such as Latent Defects and Environmental Impairment. He also advises FIDIC on contractual matters and sits on the Risk Management and Clients/Consultants Relations
Committees.
John Moore
John Moore is a Director of Wren Managers Limited, handling professional indemnity
claims against architects and engineers. He has twenty ve years experience in this area,
entering into it when the ood gates opened in 1976 following the decision in Anns v.
Merton LB.
John has been involved in a number of the cases which have assisted in establishing the
reference and datum points in construction and professional insurance law including,
Thorman and New Hampshire; Pacic Associates and Baxter; Crown Estates and
Mowlem and Strathford and HLM.
He is a regular writer for construction and insurance journals as well as being a
speaker at conferences and seminars, both commercial and within Lloyds as part of
its industry training programme. John has also spoken on handling insurance claims
at solicitors, insurers and reinsurers.
In addition to contributing to Construction Law Handbook, John is currently involved
in the editing of the Insurance Institute of London Advanced Study Group Book on
Professional Negligence, having produced the Architects and Engineers and Claims
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chapters and is chairing the Insurance Institute of London Advanced Study Group
entitled The Handling of Professional Negligence Claims.
Although his work is principally UK based, claims have taken him throughout
Europe, South America and the Middle East.
Jonathan Exten-Wright
Jonathan Exten-Wright is a partner in the international law rm DLA Piper. He
specialises in employment law, regularly writing and lecturing on the subject. He has
particular interest in whistle blowing, discrimination, employee relations and organisational change.
He has particular experience in sales of businesses, and the contracting-out/
outsourcing eld, advising outsourcers and contractors in both the public and private
sector, dealing with PFI issues, trade union recognition and negotiations, works
councils, collective consultation, redundancy programmes and contract variation. He
has lectured on all these topics.
He is a regular seminar speaker and author of a number of articles on the impact of the
Transfer of Undertaking Regulations, and M&A employment issues. He is also author
of FT Management Brieng Assessing the Organisational Impact of Employment Law
Change.
He was a member of the TUPE Forum in dialogue with the Government on reforming
business transfer legislation. He also participates in the work of the Disability Partnership.
Derek Blundell
Derek Blundell is an independent IT consultant specializing in the specication, selection
and implementation of IT systems. Derek has experience in construction management
starting his career as a planning engineer before becoming a Contract Manager,
Regional Director and Director responsible for Design and Build with Trafalgar
House (now Skanska). While at Trafalgar House he became responsible for the implementation of 12 IT systems in 13 Companies.
In 1997 he set up his own business providing IT services to a number of companies and
was manager of Construct IT (based at Salford University) where he took part in and
became the co-author of many IT reports produced by the organization.
In 2000 Derek became Director responsible for IT and Quality Management Systems
with Ballast PLC (one of his former clients) and since their demise in 2003 has returned
to the role of independent IT consultant.
Clive Seddon
Clive Seddon is a partner in Pinsent Masons Outsourcing, Technology and Commercial
Group. He joined Pinsent Masons in 1987 and has been a partner since 1993.
Although Clives practice has focused on IT and telecoms disputes in both the public
and private sector, he has more recently concentrated on strategic advice in relation to
major IT and telecoms projects, often involving a renegotiation of the agreement and
realignment of the relationship.
Clive was a board member of Construct IT from its early days (based at Salford
University) and has been involved in IT work for construction businesses for the past 10
years. This led to his work with Loughborough University for EU projects, e-legal which
considered a legal framework for project collaboration applications and Legal-IST,
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which gives guidance on legal issues arising from SME Clusters. Clive is an accredited
CEDR mediator.
Martin Bowdery QC
Martin Bowdery studied philosophy, politics and economics at Pembroke College,
Oxford, graduating in 1978. He was called to the Bar, Inner Temple, in 1980, and was
appointed Queens Counsel in 2000.
Since 1982 Martin has been in full-time practice as a barrister specializing in the law
relating to building and engineering disputes. He has been involved in advisory work,
litigation, adjudication and making numerous appearances in the International Arbitrations High Court, the Court of Appeal and the Privy Council. Martin has a special
interest in IT related disputes and has drafted Software Contracts and been instructed
and advised in respect of IT disputes ranging from 2 million to 240 million.
Martin was editor of International Construction Law Review from 19831987 and is a
contributor to Contributor Issues in Construction Law volume III: Construction Contract
Reform.
Guy Cottam
Guy Cottam was formerly a director of an international civil engineering contractor
before setting up his own practice specializing in dispute resolution. He is an active
arbitrator, adjudicator, conciliator and mediator, having been appointed in over 200
references.
He has been actively involved with the HGC&R Act since its inception as Founder
Chairman of the Institution of Civil Engineers Conciliation and Adjudication Advisory
Panel and a member of the Construction Industry Councils Adjudication Task Force.
He established, in 1994, prior to the publication of the Latham Report, the rst training courses for adjudicators under the NEC Contracts. He has been actively involved
with adjudicator training for the ICE, CIArb, CIOB and TeCSA.
He is currently chairman of the Institution of Civil Engineers Advisory Panel on
Legal Aairs and a committee member of the Society of Construction Arbitrators.
For seven years he was the Secretary of the Academy of Experts. Subsequently, he was
Deputy Chairman for a year and is currently a member of Council.
Guy Cottam contributes regularly to the legal column of Construction News and
lectures regularly on adjudication and dispute resolution.
Patrick Clarke
Patrick is a barrister at Atkin Chambers, a leading specialist set in the eld of construction and engineering law. He studied Physics at Kings College, London, graduating in
1995 and was called to the bar, Grays Inn, in 1997. Patrick joined Atkin Chambers in
1999 following completion of pupillage there.
Patricks practice is principally concerned with technical, construction and engineering disputes between employers (including local and national government), contractors
and professionals. He has been involved in a wide range of matters across the spectrum
of litigation, international and domestic arbitration, adjudication and mediation.
Donald Lamont
After graduating from Aberdeen University in 1971, Donald spent 13 years with a
leading rm of consulting engineers in Scotland during which time he worked on the
construction of roads, bridges, pipelines and tunnels both in the UK and abroad.
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He joined HSE in 1984 and since 1987, has been a construction engineering specialist
in HSEs technical HQ in Bootle. Much of his work is associated with ground engineering and tunnelling including the Channel tunnel, but he was also part of the team which
drafted the Construction (Design and Management) Regulations, the Construction
(Health, Safety and Welfare) Regulations and the Work in Compressed Air Regulations.
In addition, Donald is involved in drafting both British and European Standards
on tunnelling and construction machinery safety. He is a member of the Institution of
Civil Engineers Health and Safety Board and various CIRIA committees. He is also
currently an external examiner in the Civil Engineering department of Kingston
University.
Mark Tyler
Mark Tyler is a partner at CMS Cameron McKenna specializing in health and safety
law and has been noted as a leading expert in the area in annual surveys of the legal
profession.
He has been involved in various major cases including the Southall and Ladbroke
Grove Rail Inquiries and the Organophosphate Chemical Group Litigation. He deals
regularly with the defence of HSE prosecutions and enforcement action on behalf of
companies and other organizations. He is co-author of the books Product Safety and
Safer By Design and he has contributed and edited numerous other books and reports
in the health and safety eld including Health and Safety at Work loose-leaf and CD
ROM.
Mark is a member of the CBI Health and Safety Panel, The International Association
of Defense Counsel, and The Institution of Occupational Safety and Health.
Alison Cull
Alison Cull studied law at the University of Leicester and qualied as a solicitor in
1994. She is a Senior Associate in the Restructuring team at Pinsent Masons, with
experience in advising clients on all aspects of corporate and personal insolvency law
in connection with receiverships, liquidations, administrations, voluntary arrangements
and bankruptcy. She has acted for insolvency practitioners, banks, commercial clients,
directors and creditors. Her expertise is primarily in dealing with contentious aspects of
insolvency law including in particular the enforcement of creditors rights with an
emphasis on property and construction related insolvency work.
Alison has also been involved in handling commercial issues including payment security aspects of contracts in relation to both drafting and enforcement and has a particular
expertise in the areas of bonds and guarantees and escrow agreements.
Richard Davis
Richard Davis was born in 1955 and educated at Emmanuel College, Cambridge where
he obtained an M.A. in law. He has practised for 20 years as a solicitor in the elds of
construction and insolvency law. He joined Pinsent Masons in 1984, and was a partner
from 1988 until 1997, when he became a consultant with the rm.
In 1991, he published Construction Insolvency (2nd edn, 1999) which was the rst
specialist study of insolvency as it aects the construction industry. He co-edited Security for Payment in 1996. He is a contributor to Lightman and Moss The Law of Receivers
of Companies and Emdens Construction Law.
He is a lecturer, tutor and examiner at the Centre of Construction Law and Management at Kings College, London, and frequently speaks at conferences.
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He is active in the training of lawyers within Masons, and has appeared regularly on
Television Education Network, a system of legal education based on video.
He served on numerous government and industry committees in connection with the
Latham Report and the Bill which became the Housing Grants, Construction and
Regeneration Act 1996. A third edition of Construction Insolvency will be published in
2007.
Graham Chapman
Graham is a barrister at 4 New Square, Lincolns Inn. This is a leading commercial and
civil set with a reputation founded upon its work as specialist counsel in a wide range of
civil disputes and as expert advisers in non-contentious matters. The set has particular
expertise and a high reputation in relation to claims against professionals, including
construction professionals, and frequently acts in disputes between employers and contractors and subcontractors both in court and in arbitrations.
Graham joined 4 New Square after his pupillage there. He is a scholar of Oriel
College, Oxford, achieving a high rst in his law degree and being awarded the University prize for the best nals paper in jurisprudence. Grahams practice focuses heavily on
claims made by and against construction professionals. In addition, Graham acts for
and against other professionals in a wide range of professional liability disputes and
has a general commercial and common law practice.
Miles Harris
Miles Harris is a barrister at Four New Square in Lincolns Inn, a leading commercial
and civil set with members who act in a wide range of civil disputes and as expert advisers
in non-contentious matters. Four New Square was rated as the top set for professional
negligence litigation in Chambers and Partners 2006.
Miles studied Anglo-Saxon, Norse & Celtic at Trinity College, Cambridge before
converting to law at City University. He is a member of Grays Inn. He is regularly
instructed in a wide range of claims against professionals, including those working in
the construction industry.
Kathryn Mylrea
Kathy Mylrea (Partner and Head of Environment Department) was educated in the
United States and admitted originally in Ontario, Canada in 1986. Kathy specializes
in the application of UK and EU environmental law. She has wide experience of most
aspects of environmental law with particular emphasis on analysis of potential environmental liabilities in relation to acquisition, ownership and development of contaminated
land and use of environmental audits.
She regularly works closely with members of the Construction Department on matters
involving environmental investigations and negotiation of contractual provisions
allocating liability. She regularly defends criminal prosecutions for waste, water and
health and safety related oences. She is the author of the legal and policy volume of
the Construction Industry Research and Information Association publication on
Remedial Treatment of Contaminated Land.
Peter Witherington
Peter Witherington is deputy chairman of RSKENSR, a registered SiLC and member of
their PTP. He chairs the AGS contaminated land working group and represents HBF on
the Remediation Licence and Soil Guideline Value task forces. He has over 20 years
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experience in the eld of geotechnical and environmental advisory services, his main
specialisms being in assessment and remediation of contaminated land, and risk
assessment, communication and management. He provides expert witness at High
Court hearings and public inquiries and is author of numerous papers on contaminated
land.
He has been involved in several research projects for CIRIA, DETR and the EA as both
a research contractor and steering group member. He has developed a guidance for
housing developers to ensure that the development of potentially contaminated land is
managed consistently and safely. He worked with NHBC in developing their standards
chapter 4.1 on land quality and is currently involved in the development of environmental
management systems to control construction impacts of development projects.
Peter has lectured at Newcastle-upon-Tyne University, Queens University, Belfast;
run workshops for local authorities and private developers on the technical requirements
of the contaminated land provisions of the Environment Act 1995 and has also provided
input into the NHBC internal training programme.
Daniel Atkinson
Daniel Atkinson is Managing Director of Daniel Atkinson Limited and sole proprietor
of the website www.atkinson-law.com. He publishes extensively on practical issues relating to construction contracts and construction law. He contributes regularly to the legal
column of Construction News and lectures regularly on administration of contracts,
standard forms, payment, delay and disruption, adjudication and dispute resolution.
Daniel Atkinson is a chartered civil engineer of over 30 years experience, holds a
degree in law and was called to the Bar in 1994 as a non-practising barrister. He is a
Fellow of the Institution of Civil Engineers, a Fellow of the Chartered Institute of
Arbitrators and holds a diploma in International Arbitration and is a Fellow of the
Institution of Civil Engineering Surveyors.
Daniel Atkinson has a wide experience of construction projects ranging from bridges
to tunnels, marine works to buildings and in design and construction. He has extensive
experience in dispute resolution in the UK and internationally and has represented
parties as advocate and taken conduct of proceedings in arbitration, adjudication and
mediation. He accepts appointment as mediator, adjudicator or arbitrator.
Daniel Atkinson has acted as Adjudicator on a wide range of disputes, has promoted
development of adjudication in the UK and is past chairman of the Institution of Civil
Engineers Conciliation and Adjudication Advisory Panel.
Nigel Robson
Nigel Robson is Head of Construction (North) at Eversheds, a full service European law
rm with 14 oces in England and Wales and 11 oces in Europe and the Far East.
After being admitted in 1977, Nigel became a partner in 1980 and is now a leading
partner in the 55 strong Construction & Engineering Unit.
Eversheds has a very strong reputation, acting for a wide spectrum of clients including
employers, commercial developers, public sector, contractors, subcontractors, specialist
manufacturers, design professionals, funding and insurance interests. This provides
Eversheds with the unique experience and commercial expertise to get deals delivered
and problems resolved in a straightforward, commercial and eective manner.
The Construction & Engineering Team specialize in all aspects of the industry,
including: claims and contract advice; drafting and negotiating construction and
engineering contracts and related documents; construction nance documentation;
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Ian Wright has wide experience of dispute resolution; as an engineer acting as the
Contract Administrator or the Engineer under standard form and ad hoc contracts; as
counsel in litigation, arbitrations, adjudications and mediations; and as an adjudicator
and mediator. He is a Fellow of the Chartered Institute of Arbitrators and accepts
appointments as an arbitrator, and is an adjudicator (accredited by TECBAR) and a
mediator (accredited by the Academy of Experts).
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