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Corruption of the commercial process revisited

Mason, Jim

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Abstract

This article is based on a report entitled “The Corruption of the Commercial Process” (“the Report ”) written over twenty years ago by John Huxtable, the then Chairman of the Confederation of Construction Specialists. The Report is a passionate call to arms exposing the injustices felt by specialist contractors. This article conducts an enquiry into the validity of the findings of the Report before updating Huxtable’s material from the viewpoint of a 21st century specialist contractor.

The Report was the original rallying cry for the Confederation of Construction Specialists (“the Confederation”) timed as it was with that body’s inception in 1983. The Confederation was set up to provide an effective national focus for the interests of specialist construction companies. The Report includes a Declaration of the Rights of Construction Specialists and a ten point challenge to the wider construction industry to improve the position of the specialists. The main section of the Report promotes Huxtable’s contention that the imposition of one sided terms and conditions by main contractors on specialist contractors amounts to a corruption of the commercial process.

Journal Article Type Article
Publication Date Jan 1, 2010
Journal Construction Law Journal
Print ISSN 0267-2359
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 26
Issue 4
Pages 235-249
APA6 Citation Mason, J. (2010). Corruption of the commercial process revisited. Construction Law Journal, 26(4), 235-249
Keywords specialist contractors, subcontracts, onerous contractual terms, risk apportionment
Publisher URL http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=438&productid=7003

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