Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more
1/15/2025
/ Breach of Contract ,
Condition Precedent ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Good Faith ,
Information Reports ,
Standard Forms ,
Termination ,
UK
In this Insight, Shy Jackson and Rebecca Maxwell consider what we can learn from the case of Workman Properties Ltd v Adi Building & Refurbishment Ltd [2024] EWHC 2627 (TCC) which provides a salient reminder of the importance...more
Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more
Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more
11/14/2024
/ Adjudicatory Process ,
Arbitration ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Dispute Resolution ,
General Contractors ,
International Arbitration ,
Site Visit Program ,
Tribunals ,
UK
In this Insight, first published in PLC, Shy Jackson considers the Court of Appeal's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 that a contractor was entitled to...more
10/8/2024
/ Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Termination ,
Contract Terms ,
Design-Build ,
General Contractors ,
Late Payments ,
New Engineering Contracts (NEC Contracts) ,
Standard Form Contracts ,
UK
Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more
7/18/2024
/ Bribery ,
Civil Liability ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Corruption ,
Criminal Liability ,
Financial Crimes ,
Fraud ,
Hong Kong ,
Saudi Arabia ,
Serious Fraud Office (SFO) ,
Singapore ,
Surveys ,
UK ,
UK Bribery Act ,
United Arab Emirates (UAE) ,
White Collar Crimes
When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...more
6/13/2024
/ Commercial Contracts ,
Construction Contracts ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Data Breach ,
Notice Requirements ,
Subcontractors ,
UK
Considering "good faith" clauses and comparing NEC's mutual trust and co-operation provision with JCT 2024's collaborative working provisions, first published in PLC.
Originally published in PLC Construction - June 5,...more
The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish a legislative framework...more
Traditional contracting has, in recent years, come under increasing criticism for being, among other things, unable to handle increasingly complex projects as there is little incentive for employers and contractors alike to...more
The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”). ...more
In this article, BCLP partner Shy Jackson and Aluko & Oyebode partner Ngo-Martins Okonmah are collaborating to discuss the most effective means by which to avoid disputes relating to construction and infrastructure projects...more
In the case of Bellway Homes Limited v Surgo Construction [2024] EWHC 10 TCC, the court addressed whether it is possible to start a smash & grab adjudication but also a claim based on true value adjudication as a secondary...more
Without prejudice is a phrase often used in communications between parties seeking to reach settlement. Whether or not communications will be regarded as without prejudice will depend on their substance and we recently looked...more
The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more
1/18/2022
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Contract Disputes ,
Contract Terms ,
Contractors ,
General Contractors ,
Public Projects ,
Scotland ,
Standard Form Contracts ,
Subcontractors ,
UK