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.
The author looks at a number of delay analysis methodologies (ie the means of investigating and presenting the causes of delay and the responsibility for the time and cost consequences). He asks whether those using delay analysis methodologies are actually engaged in delay analysis mythology.
The author considers the application of the European Convention on Human ights and the Human ights Act 1998 to arbitration and adjudication, with reference to the European Court of Human ights cases, considering Article 6 of the Convention (the right to a fair trial).
Application to arbitration – The European Court of Human ights cases – Conclusions – Application to adjudication.
This paper considers, by reference to recent case law, ways in which creditors other than banks lending against a fixed charge on debts can obtain security in construction receivables. This is done under three headings: proprietary security, contractual security and procedural security.
