His Honour Humphrey LLoyd QC
A paper given to the Society of Construction Law Hong Kong on 10 June 2005
The SCL in the UK has recently discussed the subject of Ethics in the Construction Industry. This paper considers the relationship between ethical considerations and contractual and legal practice, and the impact of the former on the latter. The author considers the ethical and contractual obligations of consultants, particular provisions of the FIDIC forms requiring the disclosure of site information, and issues relating to the transfer of risk and use of exclusion/exemption clauses.
Introduction - Ethics - Whistle Blowing - FIDIC: site information - Transfer of Risk - Responsibility and Exclusion/Exemption Clauses - Deliberate Default - Contractual Standards.
The author: Humphrey LLoyd QC is an Arbitrator specializing in international construction disputes and a recently retired Judge of the Technology and Construction Court in London.