Newsletter
Information for members
July 2003

Previous issue: June 2003
Next issue: August 2003

Programme

SCL Retiring Officers

At the recent Council meeting Chris Miers, Helen Garthwaite and Jim Pragnell stood down from their roles as Chairman, Secretary and Treasurer respectively. They have all made tremendous contributions to the Society in recent years in a wide range of different ways.

Chris has led the Society very effectively during his period as Chairman. We have had several public events at which Chris’s presence has been characterised by professionalism and authority. More importantly Chris has been an enabling leader of Council helping all on Council to fulfill their own particular responsibilities and ensuring that Council meetings have both a humorous and a business element. The new Chairman is delighted that Chris is remaining on Council and will still be available to offer help and advice.

Helen has organised a variety of very successful social events in recent years. Indeed many have become so popular that we will shortly be taking advance bookings for SCL’s 21st Birthday Party on Monday 18th October 2004!! Fortunately Helen will continue to be responsible for organising the Society's social functions.

As Treasurer, Jim has helped us manage our finances at a time of huge growth and huge demand. It is an old adage that “cash flow is the greatest problem of growing businesses”, we are sure the same is also true of growing Societies. Jim has helped us through this period of change with a combination of hard work and meticulous analysis and, in addition, he has been a stalwart on the University Grants committee. His contribution will be greatly missed on Council. Thanks again to Chris, Helen and Jim.

SCL New Officers

The new Officers face a daunting challenge living up to the high standard set by their predecessors, fortunately Anthony Lavers provides a thread of continuity as he remains Vice Chairman. Richard Bayfield is also a previous Vice Chairman. The new Officers are:

Chairman: Richard Bayfield
Vice Chairman: Anthony Lavers
Secretary: Julie Forsyth
Treasurer: Corrina King

Regions

Martin Howe has decided to stand down after being the Regional Organiser for Bristol for several years and our thanks go to him for all his efforts on behalf of the Society. We are therefore looking for a volunteer replacement.

In addition, although our regional organisers do an excellent job in arranging events in many parts of the country, we do not believe that we have covered every possible location for a meeting so if you think there is demand for an event in your area then please let us know.

We have found that universities often make good locations for meetings; they also have wide access to academics and students interested in the subject. Sometimes joint events with other professional organisations help to ensure a healthy attendance. We’ll help you find a speaker to put on an inaugural meeting and we’ll fund the associated venue and refreshment costs.

If you would like to take on the role of organiser for Bristol, or else you feel you’d like to initiate a meeting in your area then in the first instance please contact Jackie Morris by telephone on 01235 770606 or by email at admin@scl.org.uk

The Members Directory

We are now in the final stages of updating the Society’s database in readiness for the printing the next edition of the Members Directory. A copy of it will be posted to every member of the Society (over 1,500 people) so please make sure that we have your correct contact details!

We know that many of you who have registered on the website have already checked for yourselves that your details are correct. Those of you who have not registered, or who have no access to the website, can either check the address label on the envelope in which this newsletter was sent, or call Jackie Morris on 01235 770606 for confirmation of the details we hold for you.

Construction Conciliation Group

A reminder that 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).

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; 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 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 on susan.hart@kcl.ac.uk or 020 7848 2643.

Papers

With the kind permission of the author and the Centre of Construction Law at King’s College, the Society will be publishing and circulating to all members the Michael Brown Foundation fourth public lecture given by Professor John Uff at King’s College on 19th June: ‘Duties at the legal fringe: ethics in construction law.’ It will also be going on SCL’s 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.

Paul Brough

We regret to announce that Paul Brough passed away in May. Paul was a member of the drafting committee of the Society of Construction Law’s Delay and Disruption Protocol. Paul was a tremendously important member of that group. He was always full of good ideas, and his particular strength was in helping the group to build a consensus amongst the disparate views held by the different members of the group. In fact it is fair to say that if he had not been on the committee, it might never have completed this project. In particular Paul will be remembered for the phrase “defend the compromise”. Whilst Paul’s passing away is a sad loss to the field of Construction Law it is impossible for words to adequately describe the loss to his family. He is survived by his wife and two young daughters.

SCL Web Site: www.scl.org.uk

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

SCL Membership

Finally, we are pleased to welcome the following new members to the Society:

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