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Boukendour, S (2007) Preventing post-contractual opportunism by an option to switch from one contract to another. Construction Management and Economics, 25(07), 723–7.
Buckingham, P (2007) International process plant contracts for use on other performance-based projects. Construction Management and Economics, 25(07), 709–13.
Craig, R W and Barnes, W C (2007) Professional employees' exposure to risk of negligence claims from the client. Construction Management and Economics, 25(07), 811–9.
Dagenais, D A (2007) Introduction to good faith in construction contracts. Construction Management and Economics, 25(07), 715–21.
Donohoe, S and Brooks, L (2007) Reflections on construction management procurement following Great Eastern Hotel Company v. John Laing. Construction Management and Economics, 25(07), 701–8.
- Type: Journal Article
- Keywords: Construction management; procurement; liability; negligence
- ISBN/ISSN: 0144-6193
- URL: http://www.informaworld.com/openurl?genre=article&issn=0144-6193&volume=25&issue=7&spage=701
- Abstract:
Construction management as a procurement method has been used increasingly in the UK construction industry, particularly for complex, multidisciplinary project work. Great Eastern Hotel v. John Laing (2005) (the 'GEH' case) is the first case to be decided by the courts in England in respect of works completed under a construction management agreement (CMA) and, as such, sets a precedent for the industry. As a precedent, this judgment has implications for construction management as a form of procurement and for construction management as a profession. The implications arising from the decision in this case pose problems for the future construction industry, which are considered here. The consequences arising from this decision for the profession of construction management and the expected levels of competency of individual construction managers are considered. This judgment defines a legal benchmark for construction management which hitherto did not exist. Construction management as a form of procurement has been viewed as placing the highest proportion of risk with the client in the event of problems. The construction management company, having no direct contractual link with any of the subcontractors, was seen as carrying a relatively low level of risk. Following the decision in GEH, the statement that a construction management company carries a low level of risk has to be revised. In addition, it is submitted that the GEH judgment will act as a driver for change in the perception of construction management and its future as a method of procurement. Questions are also posed regarding the level of competence of the construction manager post GEH.
Gaitskell, R (2007) International statutory adjudication: its development and impact. Construction Management and Economics, 25(07), 777–84.
Gruneberg, S, Hughes, W and Ancell, D (2007) Risk under performance-based contracting in the UK construction sector. Construction Management and Economics, 25(07), 691–9.
Ive, G and Chang, C-Y (2007) The principle of inconsistent trinity in the selection of procurement systems. Construction Management and Economics, 25(07), 677–90.
Ndekugri, I, Smith, N and Hughes, W (2007) The engineer under FIDIC's conditions of contract for construction. Construction Management and Economics, 25(07), 791–9.
Nissen, A (2007) Expert evidence: problems and safeguards. Construction Management and Economics, 25(07), 785–90.
Rameezdeen, R and Rajapakse, C (2007) Contract interpretation: the impact of readability. Construction Management and Economics, 25(07), 729–37.
Shiers, D, Lavers, A and Keeping, M (2007) Indicators of the impact of environmental factors on UK construction law: developments in the new millennium. Construction Management and Economics, 25(07), 821–9.
Twyford, J W (2007) Additional payments under construction contracts. Construction Management and Economics, 25(07), 739–45.
Uher, T and Brand, M (2007) A comparative analysis of the operation of 'compulsory rapid adjudication' in New South Wales and New Zealand. Construction Management and Economics, 25(07), 765–75.
Wang, J, Liu, J and Huang, L (2007) Study on the professional liability insurance system of the supervision engineer in China. Construction Management and Economics, 25(07), 801–10.
Ward, P, Sher, W, Gameson, R and Aranda-Mena, G (2007) Innovative protocols and technologies as a means of complying with the Building and Construction Industry Security of Payments Act 1999 (NSW) Australia. Construction Management and Economics, 25(07), 747–63.