Publications archive

Nadia Paliwall and Claire Miller

On 17 September, the Abu Dhabi Global Market Arbitration Centre (ADGMAC) published a set of Arbitration Guidelines. The Guidelines aim to provide all participants in an arbitration dispute with a set of best practice procedures to ultimately provide greater certainty and efficiency to the arbitral process.

In this article, Nadia Paliwalla and Claire Miller, provide an outline of the Guidelines and comment on some of the key points addressed.

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Joanna Lewis and Priya Thakrar

It has recently been reported that the Lacrosse Tower decision will be appealed to Victoria’s Supreme Court of Appeal. This appeal will be noteworthy to professional consultants and their professional indemnity insurers in Australia and more widely.

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Giles Tagg and Jon Quirk

NUA Facades Limited, Nua Interiors Limited and Silk Property Developments Limited v Terry Brady T/A Terry Brady Developments Limited.

This recent case has not received a great deal of attention. However, it should be of interest to contractors, project managers and employers. It reaffirms the difficulties parties face when seeking to set aside agreements, even where the court has evidence of impropriety before it. This is particularly in circumstances where the terms of the agreement are clear and the parties have had the benefit of professional advice. Although fact specific, the judgment is an interesting reminder of the difficulties parties will face in seeking to undo agreements on the basis of fraud.

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Scott Lambert and Jeremy Russell

A Royal Order has been issued which seeks to limit government departments and agencies from awarding contracts to foreign consultancy and advisory companies where a Saudi firm or research centre, with sufficient experience, is able to provide the required consultancy services.

In our article Scott Lambert and Jeremy Russell discuss the potential impact on the construction industry and what this means for Consultants.

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Andrew Croft

Publication: Construction Law

Construction has lagged in the digital revolution and the industry's contracts still generally do not reflect Building Information Modelling, which sits at the revolution's heart. Andrew Croft of Beale & Co and May Winfield of Buro Happold examine efforts being made to help the industry catch up.

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Andrew Croft & Ben Spannuth

Publication: Construction Law

Andrew Croft and Ben Spannuth present our regular round up of court cases of most interest to construction. One decision confirms that the courts will enforce time bars to adjudication under NEC contracts in circumstances where the Construction Act 1996 does not apply; another emphasises the importance of clarity as to what is being agreed in relation to selection of adjudicators.

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Antony Smith

News of the Government’s review of HS2 has sent shock waves through the industry and contractors and consultants working on the project are urgently reviewing their appointments. In this article Antony Smith summarises the review’s objectives and the key implications to be considered.

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Nathan Modell, Michael O'Brien and Priya Thakrar

The Industry Response Group Steering Group ('CSG') has released its interim report on Competence for Building a Safer Future, in response to Dame Judith Hackitt's report 'Raising the Bar'.

In this article, Nathan Modell, Michael O'Brien and Priya Thakrar summarise the details of this report and its possible implications.

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