Achieving satisfactory contractual terms for the engineer's role
Hughes, W. and Shinoda, H. (1999) Achieving satisfactory contractual terms for the engineer's role. In: 15th Annual ARCOM Conference, 15-17 September 1999, Liverpool John Moores University, pp. 597-606.
Official URL: http://www.arcom.ac.uk/searchkeywords.asp
An international survey of clients, consultants and contractors produced wide-ranging data on the views of users of the FIDIC form of contract. The purpose of the survey was to elicit views on a range of issues, prior to revising the model form, to ensure that the contract drafters produce a form that is satisfactory for its users. Those questions that focus upon the role of the engineer have been subjected to detailed statistical analysis. The analysis shows that, contrary to popular belief, the views of contract users from common law jurisdictions do not differ from those in civil code jurisdictions. The engineer’s role is not generally perceived as neutral in the contractual relationships between clients and contractors. Contractors would prefer someone other than the engineer to be the first-line settler of disputes in contracts.
Akroyd, R.I. (1987) A guide to contracting, negotiation and the law. London: Sweet & Maxwell. Andre-Dumont, H. (1988) The FIDIC conditions and civil law. International Construction Law Review. 5(1), 43–52. Beale, H. and Dugdale, A. (1975) Contracts between businessmen: planning and the use of contractual remedies. British Journal of Law and Society. 2: 45–60. Bowcock, J. (1997) The new supplement to the FIDIC Red Book. International Construction Law Review. 14(1), 49–60. Bromilow, F.J. (1970) The nature and extent of variations to building contracts. Building Economics. 9(3), 93–104. Brown, H.J. and Marriott, A.L. (1993) ADR principles and practice. London: Sweet and Maxwell. Bunni, N.G. (1998) The FIDIC form of contract: the fourth edition of the Red Book. 2ed. Oxford: Blackwell Science. Fenn, P., Lowe, D. and Speck, C. (1997) Conflict and dispute in construction. Construction Management and Economics. 15(6), 513–518. Hollands, D.E. (1992) FIDIC study on amicable settlement of construction disputes. In: Fenn, P. and Gameson, R. (eds) International Conference on Construction Conflict London: Spon, 362–366. Hughes, W. and Greenwood, D. (1996) The standardization of contracts for construction. International Construction Law Review. 13(2), 196–206. Lavers, A. (1992) Construction conflict management and resolution: analysis and solutions. In: Fenn, P. and Gameson, R. (eds, ) Construction conflict management and resolution. London: Spon, 3–20. Minogue, A. (1997) The case for the defence. Building. 262(49), 12 Dec 1997, 28–29. Molineaux, C.B. (1995) Real time dispute resolution: updating FIDIC. International Construction Law Review. 12(2), 258–266. Murdoch, J.R. and Hughes, W.P. (1996) Construction contracts: law and management. 2ed. London: Spon. O’Reilly, M.P. (1995) Risk, construction contracts and construction disputes. Construction Law Journal. 12(3), 343–354. Perlman, M.S. (1991) Legal guide on drawing up international contracts for the construction of industrial works. The American Journal of International Law. 84(1), 345. Shinoda, H. (1998) Need for alternative dispute resolution in international civil engineering construction. Unpublished MSc Thesis, Dept of Construction Management & Engineering, University of Reading, Reading. Siegel, S. and Castellan, N.J. (1988) Non-parametric statistics for the behavioural sciences. 2ed. New York: McGraw-Hill. Taylor, R. G. and Hinkle, B. (1996) How to use ADR clauses with standard form construction industry contracts. International Construction Law Review. 13(1), 56–88. Thomas, R. (1993) Construction Contract Claims. Basingstoke: Macmillan.