International Construction Law Review
ETHICS IN CONSTRUCTION LAW—EUROPEAN SOCIETY OF CONSTRUCTION LAW STUDY: RESPONSES FROM EIGHT MEMBER COUNTRIES BACKGROUND: STUDIES IN ETHICS IN THE UK SOCIETY OF CONSTRUCTION LAW
ANTHONY LAVERS
White & Case LLP, London Visiting Professor of Law, Oxford Brookes University
Professor John Uff laid down a challenge to the construction law community in general and the UK Society of Construction Law in particular in July 2003.1
It was that it should “take the lead in preparing a code of ethical conduct for construction law professionals, which may be followed and adopted to the extent appropriate by individual professional bodies”.
The Society of Construction Law responded by setting up an Ethics Group, chaired by civil engineer Peter Higgins, of 47 SCL members, including His Honour Humphrey LLoyd, QC. The Group’s formal tasks were to “Consider the need for action and what SCL’s involvement should be, if any; to undertake research, investigate, review and make assessments in order to report on the options and provide recommendations”.
One of the senior members of the Group, His Honour Judge Anthony Thornton, QC, gave further impetus to this work with a paper given to the Society in London in December 2003,2
the stated purpose of which was “to sketch out some of the key considerations that those formulating such a code will need to take into account”.
John Uff’s paper had offered some initial thoughts on ethics at different stages of the construction process, from “The initiation stage” where the focus was on tendering; “The construction stage” where the difficulties of contract administration were seen as central; and “The post-construction stage”, where unsustainable claims are routinely advanced.
Judge Thornton, having sought to consider the influences of professionalism and legislation, including EU law, proposed seven qualities which should be encapsulated in the Code.
These were: Fair reward; Integrity; Objectivity; Honesty; Accountability; Fairness; Reliability.
1 Professor John Uff, CBE, QC, Duties at the Legal Fringe: Ethics in Construction Law
, Fourth Michael Brown Foundation Lecture, 19 June 2003 (London: Society of Construction Law, July 2003, 16 pp.).
2 HH Judge Anthony Thornton, QC, Ethics and Construction Law: Where to Start?
, Society of Construction Law, London, 2 December 2003 (London: Society of Construction Law, April 2004, 23 pp.).
[2007
The International Construction Law Review
436