Construction management contracts: law and practice

The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross-section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry.

Construction contracts: law and management (3rd edition)

This book is aimed primarily at students for whom the study of building or civil engineering contracts forms part of a construction-based course. We have had in mind the syllabus requirements for first degrees in Building, Civil Engineering, Architecture, Quantity Surveying and Building Surveying, as well as those of postgraduate courses in Construction Management and Project Management. We have also assumed that such students will already have been introduced to the general principles of English law, especially those relating to contract and tort. As a result, while aspects of those subjects that are of particular relevance to construction are dealt with here, the reader must look elsewhere for the general legal background. In producing this third edition, we have again been greatly assisted by the many helpful comments made by reviewers and users of its predecessor. Nonetheless, our basic aim is identical to that which underpinned the first edition: to provide an explanation of the fundamental principles of construction contract law, rather than a clause-by-clause analysis of any particular standard-form contract. As a result, while we draw most frequently upon JCT 98 for our illustrations of particular points, this merely reflects the pre-eminent position occupied by that particular form of contract in the UK construction industry. We conclude by repeating our previous warning as to the dangers inherent in a little learning. Neither this book, nor the courses for which it is intended, seek to produce construction lawyers. The objective is rather to enable those who are not lawyers to resolve simple construction disputes before they become litigious, and to recognize when matters require professional legal advice. It should be the aim of every construction student to understand the legal framework sufficiently that they can instruct and brief specialist lawyers, and this book is designed to help them towards that understanding.

Framing the local and the global in the anti-nuclear movement: Law and the politics of place

This article examines the politics of place in relation to legal mobilization by the anti-nuclear movement. It examines two case examples - citizens' weapons inspections and civil disobedience strategies - which have involved the movement drawing upon the law in particular spatial contexts. The article begins by examining a number of factors which have been employed in recent social movement literature to explain strategy choice, including ideology, resources, political and legal opportunity, and framing. It then proceeds to argue that the issues of scale, space, and place play an important role in relation to framing by the movement in the two case examples. Both can be seen to involve scalar reframing, with the movement attempting to resist localizing tendencies and to replace them with a global frame. Both also involve an attempt to reframe the issue of nuclear weapons away from the contested frame of the past (unilateral disarmament) towards the more universal and widely accepted frame of international law.

The effect of Arabian Sea optical properties on SST biases and the South Asian summer monsoon in a coupled GCM

This study examines the effect of seasonally varying chlorophyll on the climate of the Arabian Sea and South Asian monsoon. The effect of such seasonality on the radiative properties of the upper ocean is often a missing process in coupled general circulation models and its large amplitude in the region makes it a pertinent choice for study to determine any impact on systematic biases in the mean and seasonality of the Arabian Sea. In this study we examine the effects of incorporating a seasonal cycle in chlorophyll due to phytoplankton blooms in the UK Met Office coupled atmosphere-ocean GCM HadCM3. This is achieved by performing experiments in which the optical properties of water in the Arabian Sea - a key signal of the semi-annual cycle of phytoplankton blooms in the region - are calculated from a chlorophyll climatology derived from Sea-viewing Wide Field-of-View Sensor (SeaWiFS) data. The SeaWiFS chlorophyll is prescribed in annual mean and seasonally-varying experiments. In response to the chlorophyll bloom in late spring, biases in mixed layer depth are reduced by up to 50% and the surface is warmed, leading to increases in monsoon rainfall during the onset period. However when the monsoons are fully established in boreal winter and summer and there are strong surface winds and a deep mixed layer, biases in the mixed layer depth are reduced but the surface undergoes cooling. The seasonality of the response of SST to chlorophyll is found to depend on the relative depth of the mixed layer to that of the anomalous penetration depth of solar fluxes. Thus the inclusion of the effects of chlorophyll on radiative properties of the upper ocean acts to reduce biases in mixed layer depth and increase seasonality in SST.