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International Construction Law Review

ENGLAND AND WALES

MARTIN BRIDGEWATER

NICHOLAS DOWNING

MARINA MILNER

Herbert Smith LLP, London

This year has seen two new suites of standard form building contracts, as well as new editions of existing forms: the JCT and NEC have both issued new suites, and FIDIC has published a harmonised version of its Red Book. We report only briefly on these here (and not at all on FIDIC) as they are all discussed in articles elsewhere in this Review . In addition, a new standard form of consultant’s appointment has been issued by the British Property Federation, and we report briefly on that. Two areas of statute law are under review: the construction-related sections of the Housing Grants, Construction and Regeneration Act 1996 and the Construction (Design and Management) Regulations 1994: we summarise progress in each area. Finally, we report on a selection of significant recent cases: these deal with obligations to negotiate in good faith and “agreements to agree”, “entitled when entitled” payment clauses, the ICE 6th Edition payment clause, liquidated damages, the measure of damages for defects which are left unremedied, termination where time is “at large”, vicarious liability, entire agreement clauses and an adjudicator’s power to award interest.

[2006
The International Construction Law Review

274

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