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Legal Issues for IT in Construction |
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1. Introduction |
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Clive Seddon, Masons (Chair) |
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2. The eLEGAL Project |
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Andrew Baldwin, Loughborough University |
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3. Masons’ contribution to e-legal |
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Clive Seddon |
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4. CITE Legal Issues Group |
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Sue Langley, CITE |
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5. Discussion |
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Specifying Legal Terms of Contract in ICT
Environment
(IST-1999-20570) |
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To define a framework for legal conditions and
contracts regarding the use of ICT in project business |
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Current contractual practice preserves the
traditional methods for achieving legal admissibility in business |
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Documents submitted solely on paper |
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ICT only intended to speed up the transmission
process |
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legislation not adopted by industry |
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hence, the use of ICTs is not legally valid in
current conditions |
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Very few references to ICT's in existing
contracts |
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Limited to specifying software/file formats |
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“AutoCAD 14 or later to be used” |
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JCT’98: No mention of ICT or even, for example,
email |
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No legal cases specifically involving ICTs |
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Contracts between Client/ASP and ASP/user |
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Service Level Agreements |
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Licencing |
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IPRs |
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Loughborough University (Coordinator) UK |
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MASONS (Law Firm) UK |
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Ponton Software Technology DE |
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SEIB-ITC (Software and systems) DE |
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OTT Lawyer & Engineer DE |
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VTT Building Technology FI |
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FORTUM Engineering (end users) FI |
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ENeF
(Internet contracting) FI |
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Geodeco (end users) IT |
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Further information from
the eLEGAL web site:
http://
elegal.vtt.fi |
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Masons’ contribution to e-legal |
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Clive
Seddon, I.T. Partner, Masons |
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We are using these project collaboration
applications successfully, why should I worry about the law? |
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clive.seddon@masons.com |
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e-mail content |
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the audit trail |
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transparency -v- confidentiality |
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clive.seddon@masons.com |
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authenticity |
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security |
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regulatory risk |
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clive.seddon@masons.com |
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replicate “tried and tested” processes |
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cover off risk in contract |
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check insurance |
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clive.seddon@masons.com |
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Do
electronic communications carry the same legal weight as paper
communications? |
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clive.seddon@masons.com |
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e-mail contractual notice is ineffective |
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admissibility |
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cogency |
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clive.seddon@masons.com |
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amend contract |
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hard copy confirmations or project protocols |
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e-mail policies |
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clive.seddon@masons.com |
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Clive Seddon, I.T. Partner |
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Masons |
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30 Aylesbury Street |
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London EC1R OER |
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Tel: 020 7490 4000 |
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clive.seddon@masons.com |
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Over 200 companies have |
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identified the need to collaborate on
information exchange … while remaining competitive elsewhere |
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Legal and Security Issues
Project Group |
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Build trust & confidence in the deployment
of e-business |
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Understand & evaluate legal issues relating
to the security of e-business transactions |
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Specify user requirements to define the need for
legal support |
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Define required legal clauses to enable
e-business |
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General Concerns |
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eLEGAL Programme |
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Capturing Signatures Electronically |
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Data Encryption |
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Digital Certification |
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The need for improved email management &
contract clauses to support the legality of email |
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A need to demonstrate author & time of
creation/sending documents using electronic signatures and, development of
a contract clause supporting use of electronic signatures |
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Define
issues related to Application Service Providers (ASP’s) and assess
the risks |
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Define procedures in relation to electronic
storage and the auditing of information stored |
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A need to agree on common standards of
information exchange e.g. drawings must be to a specific standard and &
project protocols must be established for items such as method of
measurement |
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Contracts have a structure to them in the same
way way as an invoice or a despatch note. |
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Could CITE define a Contract Standard? |
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………the group is going to
develop this idea as a separate project. |
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Electronic signature technology is available
today! |
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Almost any electronic document that can be
printed and physically signed, can be signed electronically |
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Governments around the world are beginning to
accept this technology and in some cases have endorsed it. |
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There will always be legal and security concerns
but technology is there to help… CITE and its members aim to find out how! |
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Legislation is being used to clarify situations
and the eLEGAL group will help to define contracts that make e-business
part of every day business |
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Notes