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What is a Dispute Board? There are three principal types of Dispute Board: Dispute Review Board - A dispute review board issues recommendations and guidance. This acts as more of a facilitating process, to get the parties to engage with one another...

Although NEC4 contracts were published in 2017, it is surprising to see many companies continue to use NEC3 contracts, published in 2013. So why is that? There are many reasons, from saving time and cost in revising and negotiating the contracts, the...

Adjudication is often preferred over litigation as it is a quicker process, which lasts between 28-42 days from the date of the referral notice. But, do you know what the process actually consists of?  Here is a simple guide on the key steps in an...

Ravestein B.V v Trant Engineering Limited [2023] EWHC 11 TCC Facts Ravestein (“the Claimant”), a shipyard and construction company incorporated in the Netherlands, and Trant Engineering (“the Defendant”), an engineering and...

Prior to entering into any construction contracts, all parties want to ensure the contract has been drafted in their favour. However, before drafting and negotiating a “dream” contract, it is important to select the correct form of contract. So...

If you ever visit a new place, you will want to ensure you are well prepared.  This may include rote learning how to say ‘hello’ in the local language, taking plenty of suncream and looking up the best local bar and/or restaurant for a truly...

Join us for a 2nd year running!  On the 19th May 2023, we invite you to join us for our annual Dales' 50 cycling event.  In association with Mind in Bradford , North Bar , Gordian Financial Services and Chevin Cycles , we hope to...

The NEC form of contracts are widely used in the UK and internationally; for example in Hong Kong. Whilst a lot of attention and guidance has been given/produced as to “how to use NEC contract”, there are very few examples of guidance and tips as...

Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm) Facts Claimant, Sartex Quilts & Textiles Limited ("Sartex"), sought damages and other relief arising out of a...

Both NEC and FIDIC contracts expressly state that notice of a claim is a “condition precedent”. The 2017 suite is very prescriptive and now contains a number of other detailed processes and procedures that set out exactly what is expected of...

Darya Belsner v CAM Legal Services Limited [2022] EWCA Civ 1387 Case and background information The court determined whether the  Solicitors Act 1974 s.74(3)  and  CPR r.46.9(2)  applied to claims brought through the RTA portal...

The OECD, in its paper Quality Infrastructure in 21st Century Africa [1] , stated that Africa’s infrastructure is still behind other continents.  However, a lot of money is being invested into improving the infrastructure of Africa.  The same...

Clawbacks and deductions: computation v. compensation Clawbacks or deductions are part of a complex pricing mechanism. That raises a very interesting question about the way that those computations play in relation to the rule against penalties. The rule...

No one who does business under a contract with another person wants to end up in a dispute with that other person.  Indeed, most contracting parties are able to transact between each other without getting into a dispute (allowing these transactions to...

Good faith is increasingly an express provision in project contracts, requiring parties to deal with each other in good faith, and to discuss/negotiate in good faith in certain specific situations. Therefore, when you are drafting the contract, be very...

Parties to a construction project can face different type of disputes and below are some key examples: Non-payment – this can relate to pay less or payment notices etc; Extension of time – this can relate to service of appropriate notices...

Over the last two months, Bill Barton visited three countries for construction and property conferences/seminars. Below, he shares his experience from each trip alongside some pictures of the events.  Seoul – Korea In early...

Here is a list: The obvious one – it’s in the title! Duration . The construction of the physical facility is just the starting point. Perhaps the contract envisages long-term operation – typically 20-25 years. Parties have to “live...

On 17 th November 2022 at 11am, we are holding a book launch for ‘FIDIC Contracts in Europe, A Practical Guide to Application’ at the International Dispute Resolution Centre in London. The book offers practical advice on applying FIDIC...

Consequential loss, which is also known as indirect loss, is any loss which may arise from the specific context of the case (e.g., if a part within a machine is not delivered on time and the company which owns the machine claims it cannot operate its whole...