Newsletter
Information for members
September 2003

Previous issue: August 2003
Next issue: October 2003

Programme

Unless marked otherwise, the meetings are free to members and guests. All are welcome, but for those meetings where the organiser’s email is given it would be helpful if you could please email your intention to attend.

A new SCL Construction Law seminar: Introduction to the Basics

The Junior Committee of SCL and the Centre of Construction Law at King’s College London have together devised a new half-day seminar entitled Construction Law: Introduction to the Basics. The seminar is intended for those considering construction as a possible specialisation and for junior or recently appointed staff who are encountering construction issues in their work for the first time. The purpose is to provide a general introduction to many of the widely encountered principles and also discuss some of the current important topics in the area. Subjects that will be covered in outline include procurement, PFI, standard form contracts, claims, defects, and the range of dispute resolution techniques currently used in the industry.

The first Construction Law: Introduction to the Basics takes place on Tuesday 9 September 2003 from 3pm to 6.30pm in room 11F of the Strand Campus at King’s College London; a buffet with wine follows, on the mezzanine overlooking the Thames. Professor Phillip Capper (Lovells & King’s) will provide the opening lecture. Confirmed speakers also include Nicholas Gould (Fenwick Elliott & King’s) and Philip Britton (King’s). The all-inclusive cost (including documentation and supper) is £80 for SCL members, £95 for non-members; there will be discounts for more than two delegates from the same firm or company.

All SCL members should by now have received further details and booking information. If you have not received these but would like to register your interest, contact Susan Hart at King’s College London on susan.hart@kcl.ac.uk or 020 7848 2643 or else you can book online at the SCL website: www.scl.org.uk.

Three events for next year’s diary!

Lunch at The Brewery: Friday, 27th February 2004
Joint SCL/RICS Conference in Leeds: “Innovation and Change in Construction Law” : Thursday, 11th March 2004
The AGM & annual dinner: Wednesday, 12th May 2004
SCL’s 21st Birthday Party: Monday, 18th October 2004 .

Further details on how to book for these three events will be sent to members in due course

SCL Ethics Project

Further to the announcement in last month’s newsletter we are delighted that over 25 of you have so far agreed to participate in the SCL ethics project. We are fortunate that Peter Higgins has agreed to act as chairman of the group.

It is envisaged that the group will meet in London in late September to formulate a remit and to decide how any further research and consultation should take place (eg, via SCL web site).

If any of you would like to participate in this project then please email our administrator Jackie Morris with your details (admin@scl.org.uk) as soon as you can.

Construction Conciliation Group

The Construction Conciliation Group (“CCG”) was launched on 1st May 2003. The CCG’s aim is quite simply to provide a cost effective dispute resolution procedure principally aimed at disputes concerning residential occupiers and their builders (or disputes between residential occupiers and their architects or other professionals).

The adjudication legislation does not cover disputes involving residential occupiers. In the absence of a contract, such as the minor works contract which contractually provides for adjudication, disputes between residential householders and their builders often end up in the County Court. These disputes are usually (although not always) of low value, such that the legal fees are disproportionate to the amount in dispute. However, legal fees are not the only issue in respect of these types of disputes. Such disputes are often highly emotionally charged. They have the capacity to absorb considerable time and costs that frequently end up exceeding the sums in dispute.

The essentials of the CCG procedure provides:

• A pre-agreed, fixed period with a fixed price process

• A fixed period of 28 days within which a fixed duration mediation is to be held. If no agreement is reached at the mediation, then a binding enforceable recommendation is made by the conciliator (subject to later litigation/arbitration).

• The amount of documentation is severely limited.

The parties can simply log onto the website (www.ccgroup.org.uk) in order to choose a conciliator. The rules can be downloaded for free. If the parties cannot agree upon a conciliator then the CCG will appoint one for a fee of £50. The fixed timescale and fixed fee is aimed at introducing an economical way to resolve these disputes. Further, in the absence of a mediated settlement, the parties know that a recommendation will be made based upon the documents, submissions and representations made. If one of the parties does not wish to accept the recommendation then that party must issue a notice of dispute within 28 days of the recommendation and also take steps to commence either legal proceedings or arbitration within three months otherwise the recommendation will become finally binding.

The CCG hope that the procedure will provide an economic manner within which to resolve construction disputes with homeowners. The procedure can of course be used for any construction dispute should the parties wish to adopt the CCG’s conciliation rules. For further information, view the website www.ccgroup.org.uk or contact the publicity officer, Nicholas Gould on by email (telephone 020 7956 9354).

SCL Hudson Prize 2003 (5,000 word essay)

A reminder that entries for this year’s prestigious SCL Hudson Prize are now invited. The closing date for receipt of entries is 31st December 2003.

In addition to the kudos that comes with winning, the winner will receive a cheque for £1,500 and a case of fine wine. The winner of the second prize will receive a cheque for £750 (plus wine) and commendations may also be awarded.

Jackie Morris at the admin office can provide a copy of the leaflet setting out the entry details, or you can download a copy from the SCL website.

Member benefits

Members are reminded that they may use the Construction Law library at King’s College, London. However, please contact Sue Hart on 020 7848 2643 or susan.hart@kcl.ac.uk beforehand to check availability.

In addition, the website contains a list of discounts that have been negotiated on behalf of members. The list includes discounts on subscriptions to journals and on conferences, courses and books.

Grants

Every year SCL awards grants to educational establishments. We have previously given grants of over £1,000 each to King’s College London and to Glasgow Caledonian, Strathclyde and Wolverhampton universities for purchase of books and journals and for help towards the setting up of web facilities.

The award of grants is shortly to be reviewed again. If you know of a likely recipient, please encourage them to apply, either directly to Council Member David Risbridger on davidrisbridger@scl.org.uk or through the SCL website.

Invitation to contribute to the Newsletter

If any member has an item related to construction law that they feel would be of interest to others, then please email text to Jackie Morris at admin@scl.org.uk. A member of Council will thereafter decide whether to include the item in the next newsletter. Please note that we do not accept advertisements or items of a commercial nature.

Finally …

SCL Newsletter on line: A reminder that past copies of the newsletter are available at the website. You can also have a copy of the newsletter emailed to you every month.

For those members new to the Society and/or to the www, our website is a constant source of new information. Items which have arrived too late to be published in a newsletter, or details of meetings which have been arranged after the seasonal Diary has gone to print, will be posted on the website. It is where you will find a list of over 100 titles of past papers, quite a few of which are available as free downloadable files. In addition, the website has links to more than 50 other sites considered to be of interest to members.

If you think something is missing which should be there (so long as it is not a commercial site) then please get in touch with the publications editor, Frances Paterson

IMPORTANT!

If your company is changing its name, or your postal address or email address is going

to change, please let Admin know so that we can keep our membership records up to date.

Membership/Administration
67 Newbury Street
Wantage, Oxon., OX12 8DJ
Tel: 01235 770606
Fax: 01235 770580
Email