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BIM before the English Courts

In a judgment released in August 2017, the UK High Court granted an interim injunction requiring a Building Information Modelling ("BIM") coordinator to provide access to a common data environment....more

Judicial acceptance of the SCL Delay and Disruption Protocol 2nd Edition

The recent Australian case of Santos Ltd v Fluor Australia Pty Ltd [2017] QSC 153 gives credence to the Society of Construction Law Delay & Disruption Protocol 2nd ed in determining the sufficiency of the plaintiff’s pleaded...more

UK Supreme Court upholds fitness for purpose warranty

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

The widely anticipated UAE law on arbitration – an end in sight?

By the end of Q4 2017, the United Arab Emirates is expected to enact a new federal arbitration law based on the UNCITRAL Model Law and associated international standards....more

Contract termination: terminating under the contract vs terminating at common law

Contract terminations are often loaded with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. A recent English case highlights the risks associated with terminating solely...more

"On demand" performance bonds: no strings attached?

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first....more

NEC4 contracts now published

The NEC has recently published its much anticipated next generation suite of contracts, NEC4. The NEC has chosen the phrase "evolution not revolution" to describe the NEC4 suite. The new suite remains true to the NEC's...more

A strict enforcement of time bar provisions

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

CAR Insurance: Insuring the Works vs Insuring the Owner's Property

For the purposes of insuring construction and engineering projects, there is a critical and sometimes overlooked distinction between insuring the works carried out under the contract, and insuring the underlying property of...more

Compensation events under NEC3: Prospective vs Retrospective Assessment

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is...more

Descoping of works: what is the employer entitled to do?

Financial constraints mean that employers are often looking to descope works from major projects. But how feasible is this? A recent case highlights the potential implications for employers who attempt to descope works...more

NEC4 suite of standard form contracts to be released in June

On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005....more

The new FIDIC White Book for Consultancy Services

FIDIC has recently published the 5th Edition of its Client/Consultant Model Services Agreement (the White Book). The White Book is an important part of the FIDIC suite and is one of the most widely used forms of professional...more

Termination for convenience: What is the contractor entitled to?

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

Reform of Qatar's arbitration framework

Qatar's long-awaited Civil and Commercial Arbitration Law, Law No. 2 of 2017 (the "New Arbitration Law") has recently come into force. It applies to all Qatar-seated arbitrations. The New Arbitration Law aims to align the...more

DIFC Courts propose specialist Technology and Construction Division

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...more

Is the Oasis now a Mirage? Dwindling scope of the DIFC Courts' 'conduit jurisdiction'

Recent decisions of the Judicial Tribunal and the Dubai Court of First Instance limit the scope of the DIFC Courts' 'conduit jurisdiction'.   ...more

The Second Edition of the SCL Delay and Disruption Protocol

The Society of Construction Law ('SCL') has just published the Second Edition of its Delay and Disruption Protocol. Background - The SCL Delay and Disruption Protocol was first published in 2002. Its stated...more

Serving contractual notices: wrong method, right result

Contracts usually stipulate for specific requirements that need to be carefully followed in serving contractual notices, failing which serious issues may arise. Two recent cases highlight the courts' approach to notice...more

Fraud and Performance Securities

Performance securities are an everyday feature of construction and engineering projects. It is increasingly common to see calls on performance securities challenged on the basis of "fraud". Two recent cases from the English...more

Contractor not liable following tunnel collapse

A recent Scottish case absolved a contractor from liability for the collapse of a tunnel as part of a hydroelectric scheme. This was because the contractor exercised reasonable skill and care, and did not guarantee the...more

The Risks of Suspension under Construction Contracts

Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and...more

Strict Compliance with Performance Bonds

Performance bonds and bank guarantees are commonly used as forms of security under construction and engineering contracts. Calling on a performance bond or bank guarantee requires, in most countries, "strict" compliance with...more

First Enforcement of a QIC Judgment in the State of Qatar

In a landmark case (Protech) last week, a judgment of the Qatar International Court ("QIC") has been successfully enforced by the courts of the State of Qatar....more

Overpayments in Construction Projects: Getting Repaid (Or Not)

Construction and engineering contracts usually contemplate interim payments being made "on account", meaning that any overpayments or underpayments can be redressed in later payment claims, or in the final account. However,...more

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