While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...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
An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more
While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more
Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more
The idiom “all duck or no dinner“, if you’re not familiar with it, means “all or nothing“. I once worked for a partner that was quite fond of using it, particularly in the context of limitation periods and time bars: if...more
Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,...more