11 March 2005
In an article appearing in Building Magazine, Jeremy Glover sets out some of the key implications for those advising construction managers arising out of the case of Great Eastern Hotel v Laing. The article also confirms just how important it is that every expert instructed in litigation (or arbitration) proceedings understands and complies with the primary duties that they owe to the Court or tribunal.
6 April 2007
On 6 April 2007, a revised pre-action protocol for construction and engineering disputes came into force. Jeremy Glover highlights the changes and discusses their likely impact.
20 May 2009
Simon Tolson in a paper given at the Butterworths Conference in London titled "Construction Law: Strategies, challenges and solutions to weather the economic storm" discusses how to tell if your project is heading for a dispute, how to avoid that dispute coming to a head and, if the worst happens, how to effectively manage that dispute, utilising the various dispute resolution alternatives which may be available.
31 May 2006
Yann Guermonprez discusses how the arbitral tribunal should determine procedural law and looks at the question as to how one determines the seat of an arbitration in the absence of agreement.
November 2011
As Stefan Cucos discusses, prior to March 2011 expert professionals enjoyed a partial immunity from negligence actions in circumstances where they were acting as expert witnesses. The case of Jones v Kaney means that if an expert provides negligent expert evidence that expert can be sued those instructing him. Whilst time will tell as to the full impact of this change, Stefan considers the implications of this decision not only for established experts but also the litigants on whose behalf they act.
11 September 2007
Jeremy Glover, in a paper given at the Construction Law Summer School 2007, held at Queen's College Cambridge, provides an over-view on the history and development of the FIDIC form of contract. The paper then goes on the review the different ways in which the employer and contractor are treated when it comes to making claims. This section includes a brief discussion on the different approaches under the civil codes and common law jurisdictions, which leads to a short comment about the treatment of force majeure.
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