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Contract execution: past, present and future

Smart contracts could revolutionise aspects of the construction industry. However, a recent case highlights some of the hurdles to overcome before the UKJT’s digital vision can be fully realised
23 December 2019

Collateral warranties: How long is your liability in Scotland?

We comment on the recent Court of Session (Inner House) decision on limitation periods under a collateral warranty in Scotland. The Scottish position once again reflects the position in England
13 November 2019

A to Z of construction disputes: Avoidance and resolution – Part 2: N to Z

This two-part article explains some of the key concepts that anyone involved in the construction industry needs to know in order to avoid or resolve construction disputes
28 May 2019

A to Z of construction disputes: Avoidance and resolution – Part 1: A to M

This two-part article explains some of the key concepts that anyone involved in the construction industry needs to know in order to avoid or resolve construction disputes
14 May 2019

Construction disputes in complex projects: getting your dispute resolution procedure right

Complex projects raise a number of difficulties when it comes to dispute resolution. What are the key considerations and how can you best address these in your dispute resolution procedure?
28 September 2017

Adjudication enforcement: administration is no escape route

In South Coast Construction Ltd v Iverson Road Ltd, the Technology and Construction Court found that an administration moratorium should not prevent enforcement.  
06 April 2017

Contract rectification is the last resort

Contracting parties can help themselves and avoid expensive rectification proceedings by getting the contract right at the outset.
30 March 2017

Mediation: will all your communications be confidential and without prejudice?

Mediation is usually confidential and without prejudice but that is not always the case. We consider the Court of Appeal decision in Ferster v Ferster [2016] EWCA Civ 717.
25 January 2017

Adjudication: are "smash and grabs" a thing of the past?

The Technology and Construction Court (TCC) has looked at several "smash and grab" construction adjudication cases recently. Have "smash and grabs" had their day?
25 January 2017

Construction adjudication: "Everybody has won and all must have prizes"

Dispute Resolution Festive Forecast: the right to adjudicate construction disputes has now been enshrined in law for 20 years. What has changed? 
15 December 2016

Construction and engineering Pre-Action Protocol – revised and revitalised

The second edition of the Pre-Action Protocol for construction and engineering disputes came into force on 14 November. It aims to create a more proportionate, quicker and cheaper process. 
29 November 2016

Is domestic arbitration set for a resurgence?

Domestic arbitration has been overtaken by adjudication and the efficiency of the TCC. With uncertainty over Brexit and the increased cost of litigation is arbitration set for resurgence?
28 September 2016
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