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The purpose of this paper is to consider the potential for generating improved levels of ethical conduct within the construction industry through the introduction of a…
The purpose of this paper is to consider the potential for generating improved levels of ethical conduct within the construction industry through the introduction of a single industry‐wide professional code.
The Society of Construction Law's Statement of Ethical Principles (the Code) is used as a model. The paper consists of a detailed critical analysis of the Code which it places within the context of previous studies, internationally, on the role of unethical conduct within the industry, and of the role that criminal sanctions can play in addressing this.
The paper concludes that a single industry‐wide code has a contribution to make in improving the ethical standards of conduct within the industry. However, ethical improvement can ultimately only be delivered by reducing the numbers of situations where industry participants consider it necessary to seek an advantage at someone else's expense. Other measures – in particular an increase in the incidence of longer term relationships and collaborative working – are also likely to play an equally important role.
The paper provides a new interpretation of existing sources on business and professional ethics and offers new insights into the topic area by emphasising its relationship with collaborative working.
The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different…
The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings of the term and typically an exclusion clause will not solely relate to consequential loss, but will also include other heads of losses for which the party will not be liable for, such as loss of profit, loss of revenue and loss of business.
The question emerges as to whether the term consequential loss has a definitive legal meaning in its own right. This study seeks to ascertain the definition of the term consequential loss within the construction industry through a review of the legal position regarding liability for breach of contract and consequential loss through the consideration of the case law relating to this topic and the associated secondary sources of information.
The study concludes by elucidating a clear interpretation of the term consequential loss and guidance of how it should be used in contract law.
Recent cases and established authorities are considered together for the first time in this work which assists in the development of legal principles of direct and indirect losses and the determination of how they apply to the built environment.