This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo

The Roads to Freedom of Contract

September 2022
ContractConstruction

Abstract

John Paul Sartre’s philosophical novels that make up the trilogy of “the Roads to Freedom”, first screened by the BBC in the 1970’s, were given a complete re-run recently, all 13 episodes of them. In the opening scenes in one of the novels, “The Age of Reason”, the torment of Mathieu, a down at heel bohemian University professor, is captured as he moves from one acquaintance to another to beg for enough money to pay for a back street abortion for his pregnant mistress. Mathieu is depicted as the embodiment of the existentialist quest for personal freedom from the bondage of marriage and the constraints of bourgeois life at the time impending Nazi occupation of Paris during the second world war. Albert Camus’s existential novel “the Plague” became famous once again as it sold at a rapid rate during height of the Covid 19 pandemic. It too can be seen as the quest for personal freedom in the “plague” that descends on the inhabitants of a French town, again analogous to oppression during Nazi occupation.

Read Paper

Author

Portrait image of Anthony Philpott
Anthony Philpott
Barrister, 10 King's Bench Walk, Temple, UK

Anthony Philpott is a Construction Lawyer and is practising as a Barrister authorised to conduct litigation, in chambers in the Temple, London. He has the MSc in Construction Law and Arbitration from King’s College University London and he is a member of the Chartered Institute of Arbitrators. He spent more than ten years as Legal Counsel with Bovis Lend Lease (now Lend Lease) a construction and project management multi-national where he advised on and negotiated every type of construction contract and represented the company on major projects and disputes including multi-million pound construction litigation. He is dual qualified as a practising barrister and solicitor (non-practising). He has the following experience in Construction contracts and disputes: • Conduct of Adjudication, Arbitration, Litigation and appearance as Counsel in the courts in construction disputes, including a reported case in the Technology and Construction Court of the High Court, published in the Building Law Reports in 2020, • In depth knowledge of every form of standard building contract • Advised on tender documents and terms and conditions and drafted amendments over many years • Advised on all associated contract documents of bonds, guarantees, collateral warranties, novation agreements and consultants’ appointments • Negotiated with leading city law firms on every type of building contract • Particular knowledge and experience of negotiation and drafting of Private Finance Initiative Hospital projects and Building Schools for the Future Facilities (BSF) Management contracts • Comprehensive knowledge of all Private Finance Initiative contractual documents • Drafted, negotiated and advised upon Facilities Management BSF contracts and Medical Equipment contracts and sub-contracts with suppliers on three major hospital projects at Havering and Roehampton in London and Leeds Oncology and Building Schools for the Future. • Comprehensive knowledge and experience of ADR in construction Adjudications, Arbitrations and Mediations • Conducted adjudications against leading London city construction law firms in submitting Notice of Intention to Adjudicate and Referral Notices, conducting arguments over jurisdiction of the adjudicator and natural justice legal and contractual arguments in general • Drafted pleadings, court and Alternative Disputes Resolution documents • Conducted litigation in the Court of Appeal, High Court (including in the enforcement of Adjudicator’s decision in the Technology and Construction Contracts Court) • Knowledge and experience of Housing Grants Construction and Regeneration Act 1996 as amended and case law on enforcement of Adjudicators’ decisions in the Technology and Construction Contracts.

Company

10 King's Bench Walk, Temple logo

10 King's Bench Walk, Temple

A former in house Legal Counsel with Bovis Lend Lease (now Lease) a multi national construction and project management company. I am a lawyer, court and arbitration advocate specialising in construction disputes in England and Wales, including the conduct of adjudications, a form of ADR in the UK

Related Papers

Cash is King in the UK Construction Industry
The coronation of the King has long since passed and all celebrations are complete but in these straightened times cash is still the undisputed king in the UK construction industry....Read more
Portrait image of Anthony Philpott
Anthony Philpott
Barrister, Barrister (Direct Public Access and Authorised Litigator) UK - AP Legal Direct , UK
‘Right of Access to the Site Under FIDIC – How To Properly Cooperate in the Investment Process’
Contemporary infrastructural investment projects are characterized by the increasing complexity of innovative technological and architectural solutions of the objects being the main subject of implemented undertakings. The high level...Read more
Portrait image of Grzegorz Pawlowski
Grzegorz Pawlowski
Legal and Corporate Affairs Director, DCT Gdansk SA, Poland
Convertible Contracts:The In-house Counsel Perspective
For its fast track projects, the Oil & Gas industry privileges Lump Sum contract types even in cases where definition of the project is not sufficiently advanced. “Fast-tracking” can be...Read more
Portrait image of Cristina Montanaro
Cristina Montanaro
Senior Legal Counsel, TechnipFMC, Italy
The EPCM Delivery Model: A Contractor’s Perspective
Construction has always been a risky and disputes-prone business, but today’s commercially volatile market has kicked up a whole range of additional risks, creating ever more cases where time and...Read more
Portrait image of Ritankar Sahu
Ritankar Sahu
Corporate Counsel - Asia, Maxpower , Singapore