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Scottish construction law review 2023

Shona Frame and Karan Kamath of CMS review the highlights of construction law in Scotland during 2023. Important developments were seen in areas including fire safety, and court rulings affecting prescription and limitation.

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Towards a model law for the adjudication of construction disputes

Barrister, arbitrator and adjudicator Karen Gough of 39 Essex Chambers chaired the drafting committee for the new Model Law for adjudication, which aims to represent the best of global current practice. She explains how the Model Law can spread the benefits of adjudication to jurisdictions that do not enjoy access to it already.

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The SIAC Rules, 7th Edition: Faster, Better, Cheaper?

Vijay Bange and Paul-Raphael Shehadeh of Duane Morris examine key provisions of the draft new edition of the Singapore International Arbitration Centre’s Rules. Do all the provisions advance the cause of greater efficiency, expedition and cost effectiveness, they ask?

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The Ins and Outs of Contract Works Insurance

Our insurance expert John D Wright of JD Risk Associates examines issues arising from Contracts Works Insurance policies. Not all contingencies are covered, he warns, despite policies being described as “all risks”.

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Turbulent times call for increased focus on dispute avoidance

In our latest Alternative Dispute Resolution series article Aileen Banks and Tracey Summerell of Dentons UK and Middle East LLP suggest some timely measures to take to avoid disputes arising.

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New and proposed legislation: State of play table 286

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Legal terms explained: Hot tubbing

“Hot-tubbing” is another term for “concurrent expert evidence”. It refers to a dispute resolution procedure in which both parties’ experts give their evidence together at a hearing or trial, with questions being posed to the experts at the same time by the judge or arbitrator(s).

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Getting to the CRUX of project disputes and overruns

Guest Editors Charles Wilsoncroft and Helen Collie of risk mitigation and dispute resolution consultancy HKA explain the thinking behind their company’s research into the causes of project disputes and overruns. The programme, called CRUX, is based on expert diagnosis of claims and disputes.

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Reports from the courts: December 2023

Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who report on a decision that serves as a useful reminder that the right to adjudication only extends to ‘construction contracts’ as defined in legislation; and one which, although not a construction dispute, reinforces the courts’ approach to exclusion clauses.

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Public sector investment shortfalls reaching crisis proportions

Editor Nick Barrett looks at what has been a period of unusually heavy criticism of the government and its investment performance in crucial areas of transport, schools and hospitals. Few signs of hope are given that things might change for the better soon.

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