AbstractProvisions of JCT standard form on variations, including variations allowed, challenging variations and general scheme for valuation of variations, giving guidance on practical implications and how to deal with potential pitfalls.
CitationConstruction Law Journal, 18(4): 310-333
PublisherSweet & Maxwell
JournalConstruction Law Journal
Showing items related by title, author, creator and subject.
Oil and gas contracts: a law in context analysis using Nigeria as a case studyHaynes, Andrew; Adebayo, Jamiu Olohundare (University of Wolverhampton, 2018-12-31)The legal and regulatory framework of the oil and gas industry and the contracting obligations arising thereof have evolved over time in many forms across oil producing states. Given the peculiarities of each of these oil producing states, the framework is constantly changing. The changing face of politics, climate and rapidly developing technology are changing the landscape of the industry, demanding a fundamental need for petroleum resource-endowed states to take a strategic view and choose what legal framework and contracting approaches are likely to deliver their ultimate objective: optimum production with topmost financial gains. The idea behind the exploration and exploitation of natural resources is to attract foreign direct investment (FDI) into developing states with the anticipation that such investment will put them on the centre stage of global economics and lead to an improvement in research and technology transfer that would sustain economic growth and development. However, the objective of transnational corporations is to maximise their profits. Ultimately, it is the exploration licensing contracts that states use to implement oil exploration and exploitation policies. The present research therefore seeks to look at the dynamics of the legal and regulatory framework of the oil and gas industry focussing on its everchanging contract types and nature. The research attempts to look at the causes of the imbalance in international oil and gas contracts with an eye on the observation that one of the causes of the imbalance are the investment treaties because they focus on a state’s obligations with little or no focus on obligations from transnational corporations towards the states. Some critical clauses that need to be taken into account by parties to the contract are also explored because it is argued that contractual clauses are also among the causes of imbalance in international oil and gas contracts. This research therefore addresses the causes of imbalance by looking at the problems associated with investment treaties and the long-term contractual relationship between the host states and the transnational corporations, particularly the associated risks with oil and gas contracts such as; political, economic, natural and technical risks. Essentially, the study will narrow down on the processes, technicalities, case studies and the features of four main types of oil and gas contracts namely, Production Sharing Agreement, Joint Ventures, Service Contracts and the two Concessions, (Old and New). The research also attempted to answer the following questions: what is the current structure of oil contracts and to what extent can parties’ commitments be altered to ensure the sustenance of economic stability? Which type of contract is the best for development and financial purposes? What are the causes of imbalance in the oil contract and to what extent have the principles of international environmental law been utilised at a state level and whether developing countries have been able to overcome the pressures from transnational corporations on the issue of environmental law? The research will address these questions through its five chapters.
Insolvency and resolution of construction contract disputes by adjudication in the UK construction industryNdekugri, Issaka E.; Russell, Victoria (Taylor & Francis, 2005)The Housing Grants, Construction and Regeneration Act 1996 provides that a party to a construction contract has a right, at any time, to refer any dispute under the contract for adjudication. This resolution method requires a neutral third party, the adjudicator, to determine the dispute within 28 days after receipt of the referral regardless of the complexity of the issues in dispute. The decision is to be implemented even if it is palpably wrong in fact or law. A key assumption of this legislation is that any mistakes made by an adjudicator can be corrected by reference of the same to litigation or arbitration. It is a major concern that restoration of the parties to their correct positions may become impossible where, after implementation of an adjudicator's mistaken decision, the beneficiary of the decision becomes insolvent. This article is a critical review of all the cases in which the courts have dealt with the effect of insolvency on the right to adjudicate and the enforceability of adjudicators' decisions. Two main conclusions are derived from the review. First, the court may decline to enforce an adjudicator's payment decision where there is strong evidence that, on account of formal insolvency, the payee would be unable to make repayment if final resolution of the dispute necessitates it. Second, the only exception so far to the general right to refer to adjudication arises where the other party is in administration. (Taylor & Francis)
CONBPS - an Expert System to Improve the Efficiency of the Construction ProcessPoon, Joanna; Potts, Keith F.; Musgrove, Peter (RICS (Royal Institute of Chartered Surveyors), 2003)The aim of the research outlined in this paper is to develop a best practice process model for building projects based on the use of an expert system. The CONstruction Best Practice System (CONBPS) focusses on projects which are based on the traditional procurement strategy, using the JCT 80 standard form of contract. The model clearly identifies the sequence of construction activities. It also identifies the roles and responsibilities of the major parties on the building team and the issues within the project cycle, which can prove critical to project success. The system incorporates many user-friendly functions, including the provision of multi-choice icons and the provision of an on-line help function. Besides, it also provides interim and final reports which are used to advise the participants on the success factors that they have ignored and to which aspects they should pay more attention. A framework was initially developed focussing on the whole design process with a full knowledge-based system developed for the Inception Stage. CONBPS can be used as a teaching/learning tool to assist teachers and students to better understand the construction process. Also, it could prove useful to project managers and all the participants in the construction process.