Research & insight

This year’s Annual Review reports on a year which has seen the new building control regime come into force, the launch of ChatGPT, significant changes to arbitration in the Middle East, and the continued significance of developing affordable, secure and low carbon energy. We also look at the latest developments and precedents for NEC, IChemE and FIDIC contracts, as well as PFI agreements, and our customary focus on the year’s key adjudication decisions and case law.

This year’s Annual Review inevitably focuses on the continuing economic and political challenges facing the construction industry. We also look at the Building Safety Act 2022, and the changes to the regulatory regime for the design, procurement, construction, and management of buildings. We discuss the steps being taken to work towards a secure, low-carbon, sustainable energy future, yet still find room to consider the latest developments in the courts from adjudication to Wagatha Christie as well as the FIDIC and NEC forms.

This year our Annual Review celebrates its 25th year. We provide our usual adjudication and caselaw update and focus on the impact of climate change on construction contracts. We cover liquidated damages, bonds, PFI contracts, unforeseeable ground conditions and also track the courts’ approach to expert evidence. We also consider bias & conflicts of interest amongst both experts and arbitrators. Globally, we consider possible changes to witness evidence, the UNCITRAL Expedited Arbitration Rules and Investment Treaty Arbitration. 

2020 will be remembered for one thing, and this year’s Review reflects the impact of the COVID-19 pandemic. We also track the Bresco story, look at termination and consider the growing scandal about properties covered in combustible cladding. Focussing on digital technology, we cover data & digital processes, the new Information Protocol & BS 19650, Digital Twins and modular construction. Globally, we consider the Advancing Net Zero project, KSL Arbitration Law, the penalties doctrine, changes to the LCIA rules and the Enka v Chubb decision.