Huw Wilkins considers mediation, a type of alternative dispute resolution procedure, including why parties agree to mediation, practical considerations to make and what the process looks like in practice.
Huw Wilkins considers mediation, a type of alternative dispute resolution procedure, including why parties agree to mediation, practical considerations to make and what the process looks like in practice.
Huw Wilkins considers the difference between liquidated damages and general damages, as well as reasons why parties agree to liquidated damages provisions, whether liquidated damages are an exclusive remedy, how one might challenge a liquidated damages provision, and whether liquidated damages can be recovered for a period after termination of the contract.
Huw Wilkins considers how the Key Dates mechanism found in NEC contracts differs from the more commonly known ‘sectional completion’ mechanism and looks at issues to consider when Key Dates are used.
Huw Wilkins considers the use of joint ventures in construction projects and issues for parties to consider when entering into a joint venture.
Huw Wilkins considers what makes an indemnity different to a term of a contract and addresses some of the issues parties should consider when drafting indemnities.
Huw Wilkins considers how the courts deal with Construction Contracts that do not meet the requirements in the Housing Grants, Construction and Regeneration Act 1996 in respect of (i) payment provisions and (ii) adjudication provisions.
Links
[1] https://fenwickelliott.com/research-insight/articles-papers/construction-law-terms-a-z/mediation
[2] https://fenwickelliott.com/sites/default/files/m_mediation.pdf
[3] https://fenwickelliott.com/research-insight/articles-papers/construction-law-terms-a-z/liquidated-damages
[4] https://fenwickelliott.com/sites/default/files/l_liquidated_damages.pdf
[5] https://fenwickelliott.com/research-insight/articles-papers/construction-law-terms-a-z/key-dates
[6] https://fenwickelliott.com/sites/default/files/k_key_dates.pdf
[7] https://fenwickelliott.com/research-insight/articles-papers/construction-law-terms-a-z/joint-venture
[8] https://fenwickelliott.com/sites/default/files/j_joint_venture.pdf
[9] https://fenwickelliott.com/research-insight/articles-papers/construction-law-terms-a-z/indemnity
[10] https://fenwickelliott.com/sites/default/files/i_indemnity.pdf
[11] https://fenwickelliott.com/research-insight/articles-papers/construction-law-terms-a-z/housing-grants-act-1996
[12] https://fenwickelliott.com/sites/default/files/h_hgcra.pdf
[13] https://fenwickelliott.com/print/research-insight/articles-papers/construction-law-terms-a-z?page=1