000			01870cam a2200253 4500
001			ABS66763
008			030612n2003 000 0 eng u
035			_a(Sirsi) u122586
100			_aBrewer, G.
245			_aRisk in design and build
260			_c2003
490			_aContract Journal _v418(6424) 30 April 2003, 25(1)
520			_aLooks at whether the allocation of risk in design and build contracts is adopting guaranteed maximum price provisions. In "Mowlem plc v Newton Street Ltd" ([2003] EWHC 737 (TCC), [2003] CILL 2002), the parties entered into a contract for the conversion of a former office into flats using JCT WCD 1998, with an extensive amendment to Art 10. Delay and additional costs arose when concrete works failed, which Newton (N) claimed lay within the contractual scheme for risk allocation and that the losses lay entirely with Mowlem (M). The dispute went to arbitration and a subsequent appeal. M's appeal failed as the judge found the provisions of Art 10 very clearly allocated the burden of unforeseen or unknown risks on M. Concludes courts will usually not interfere with risk allocation clauses, unambiguously written into construction contracts, by which the risk of unforeseen events lie with the contractor.
590			_aABS
650			_aRISK ALLOCATION
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650			_aMOWLEM PLC V NEWTON STREET LTD
650			_aDESIGN AND BUILD
650			_aJCT STANDARD FORM OF BUILDING CONTRACT WITH CONTRACTORS DESIGN (1998 EDITION)
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c72847 _d72847