Annual Review

This year’s Annual Review takes stock of the industry’s most significant issues, opportunities and challenges, both domestically and internationally, over the past year.  This includes a closer look at developments and precedents for standard form contracts such as JCT, FIDIC and NEC, as well as PFI contracts and EPCM. We include a dedicated ‘pull out’ section to discuss recent developments in international arbitration. Finally, the Annual Review includes our customary focus on the year’s key adjudication decisions and case law.

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.