To be or not to be an expert witness

Anne Wright of Lawrence Stephens and barrister James Davison of 3PB provide practical guidance on selecting an expert witness, and advise witnesses how to behave once appointed.

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Maeda and China state v Bauer

Michael Sergeant and Huw Wilkins of HFW consider a recent decision of the Hong Kong High Court dealing with two issues that commonly arise on projects but which rarely come before the courts, namely the validity of claims notices under a contract and the valuation of variations, both of which arose on the ‘world’s most expensive railway’.

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What Hammurabi’s construction law teaches us

Leading construction mediation specialist Amanda Bucklow says easily understood rules covering ancient contractual relationships were models of clarity, simplicity and coherence, which has been lost to the modern industry. Modern understandings in areas like neuroscience point the way towards new contractual models, she suggests.

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Scottish report addresses mandatory versus voluntary mediation

Evidence is lacking that making a referral to mediation mandatory rather than voluntary provides better outcomes, according to a review carried out for the Scottish Government.

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Contract works insurance and its limitations

Insurance expert John D Wright of JD Risk Associates explains how ‘all risks’ insurance might not in fact cover all risks. Additions to the basic cover might be advisable, he warns.

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Technology in mediations: keep the human touch

In the latest of our alternative dispute resolution series, Esther McDermott and Tracey Summerell of Dentons UK and Middle East LLP consider the use of technology in mediations and recent advice for mediators on the topic published by the Centre for Effective Dispute Resolution (CEDR).

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New and proposed legislation: State of play table 241

This table, prepared by Dentons UK and Middle East LLP, 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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A green legacy for Theresa May – a radical new target of net zero emissions by 2050 and a challenge for construction

The UK’s current target for reducing greenhouse gas (GHG) emissions by 80 per cent by 2050 was set by the UK Climate Change Act in 2008. Ten years on, global focus on the need for climate change continues to intensify.

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Legal terms explained – What is concurrent liability?

Concurrent liability is where a party owes both a contractual obligation and a duty in tort (Henderson v Merrett Syndicates Ltd [1995] 2 AC 145).

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TeCSA scheme limits adjudicator costs

It was bound to happen. Adjudication, the lower cost and speedier alternative to taking disputes to court, has ended up being sometimes just as expensive and complex as full-blown, all sides fully lawyered-up, battles in court.

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