This year’s Review features a wide range of articles, reflecting the typically diverse range of issues we have found ourselves looking at over the past year. We also revisit cases from previous years including considering the Supreme Court’s take on anti-oral variation clauses. Regardless of their decision, wherever there is an oral instruction or variation, as a matter of good practice make sure that it is recorded in writing. In last year’s Review we looked at the way concurrent delay was dealt with. This followed a rare decision from the TCC on the topic and this year that case reached the Court of Appeal.
Our Review reflects on how much still remains uncertain about Brexit and its implications for the UK construction industry. We look at what constitutes an unreasonable failure to mediate and discuss product liability. We then focus on extensions of time, concurrency and the new edition of the SCL Delay & Disruption Protocol. Our Review focuses on recent developments in arbitration in the UAE, we explain more about the first reported court case in the UK about BIM and discuss design obligations.
Our Review focuses on the ever-increasing importance of the impact of artificial intelligence and the digital big bang. We review the impact of the Arnold v Britton and Marks & Spencer v BNP Paribas cases and look at the outcome of the Supreme Court’s review about liquidated damages. We provide an update on adjudication, take a look at the impartiality of adjudicators and arbitrators, consider guarantees and look at the extent to which the UK courts embrace the principle of good faith.
Our Review features a number of key legal milestones, including the decision in Aspect v Higgins, the first adjudication enforcement case to reach the Supreme Court. We also follow up the discussion in last year’s Review on design duties and the distinctions between fitness for purpose and reasonable skill and care. We provide an update on enforcing Dispute Board decisions, contractor claims about unforeseeable ground conditions and failing to proceed with due diligence.