My last blog looked at the difficulties that can arise in a typical FIDIC scenario where an employer does not honour a dispute adjudication board (DAB) decision that is binding, but not final.
This blog looks at the difficulties that can arise in relation to the definition of the “dispute” that is submitted to the DAB and then to arbitration.
By now, you’ll no doubt have noticed that the ninth edition of Keating on Construction Contracts (Sweet & Maxwell, 2011) has arrived on your bookshelves.
Published earlier this year, the new edition has been eagerly awaited, not least because some of us were impatient to see what colour it was going to be (it’s a grey and orange combination this season, embellished with a touch of gold). More importantly, however, Keating has devoted an entire chapter (chapter eight) to delay and disruption claims. It’s a relief to see that it’s not just me who finds this a difficult area – the subject really is complex! Continue reading
To pay or not to pay, that is the question…
Not surprisingly, there have been quite a few blogs on this site over the last several months on the amendments made to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) by the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). Many of these have focussed on ambiguities in the drafting of the new provisions as much as the substance the new law itself – see, for example, The “not so great” section 108A debate. It seems we lawyers cannot help but engage in a bit of Parliament bashing, horrid lot that we are. Continue reading
With the London 2012 Olympics now just around the corner, only time will tell whether the hotly negotiated liquidated damages (LADs) provisions in many “Games-related” contracts will be put to the test. We are involved in a number of projects where the timing of completion is absolutely critical, given the impending Games and the sheer number of visitors these will bring to the capital.
Contracts for retail, stadia, hotels and infrastructure have all been programmed and negotiated with the Games in mind. It is worth pausing a moment to consider the role of liquidated damages in these contracts and whether, given the extraordinary circumstances, they should be viewed in a different light. Continue reading
In the typical FIDIC scenario, the dispute resolution provisions sound delightfully straightforward. However, what happens if one of the parties doesn’t comply?
We all know that things change. What seemed like a good idea a few years ago, might now be less appealing. We may all cringe at old photos, at a past hairdo or choice of outfit. The same can apply in a commercial context. Added to that are the likes of continuing financial uncertainty, strikes, bail outs, currency fluctuations, cuts, revolutions and wars that have all changed the economic landscape, especially in the past year or so. We are increasingly asked to advise in situations where, although there has been no default, one party is trying to extricate itself from a contract.
A storm in a Chinese teacup?
The Hong Kong Court of Final Appeal’s (HK CFA) decision in Democratic Republic of the Congo and others v FG Hemisphere Associates LLC [2011] 4 HKC 151 (FG Hemisphere) has caused concerns, but those concerns are misplaced. A business considering whether Hong Kong will retain its position as a pre-eminent Asian arbitral seat should rest at ease. Continue reading
Recently a number of our employer clients have told us they are not entirely satisfied with the alliances that they have entered into. Whether this is a mere coincidence or represents a broader trend away from alliancing is unclear, but the list of complaints seems to be fairly consistent.
In my third post in this series on Building Information Modelling (BIM), I concentrate on the professional team.
Fully integrated BIM delivery will inevitably affect the way in which professional consultants work together and work for their client.
Integrated delivery means a fully integrated contractual framework, including the professional team’s terms of appointment. But how will responsibilities be allocated?
We’ve all been there – sitting quietly in our office when an adjudication referral lands on our desk. Straight away the clock is ticking and deadlines are looming. However, before you even begin drafting the response, there’s the small matter of checking whether the contract’s provisions are Construction Act 1996 compliant. This might be your first ground for challenge. You take a closer look and realise they aren’t. This is going to be a statutory adjudication under the Scheme for Construction Contracts 1998.
