Peter Fenn considers the lack of evidence that is apparent in any discussion of construction disputes, and discusses the absence of an empirical base to the study of disputes.
The author looks at some questions that arise from termination for convenience clauses. Taking a hypothetical clause as a basis, he asks whether even in the context of a widely worded clause, a court is likely to impose some restraints or limits on the power to determine.
The author asks whether the employer can exercise the contractual rights and remedies ordinarily available to him when the contractor has fai
The paper looks at how the UNCITRAL Rules and the law of England and the US have sought to protect the doctrine of separability (that the validity of an arbitration clause does not depend upon the validity of the rest
Where the sum stipulated in a penalty clause is penal, the clause will not be enforced by a court. The author considers whether or not such a
The paper looks at the use and development of mediation techniques in the context of construction disputes. It puts mediation in the context of recent developments in the UK and looks at some practical issues and problems, the international scene and recent innovations( particularly the ICC AD ules) dispute review boards and partnering.
The paper discussed the correct approach to contractors’ claims arising out of concurrent delay in the execution of construction projects. It looks at the meaning of the expression ‘concurrent delay’ and the differing approaches to the assessment of claims which have attracted support in the industry, both in the UK and other common law jurisdictions.
The paper looks at the Government’s proposals (announced in October 2001) to introduce a new offence of corporate killing to hold companies accountable for behaviour for which an individual would be liable to a charge of manslaughter, and at the Government’s plans to revitalise health and safety.
The paper looks at the impact of adjudication on the construction industry since its introduction in May 1998.
