Collaborative construction’s time has come

Editor Nick Barrett reports on two new books that stress the need for systemic change in construction’s procurement and contractual procedures, and suggest ways forward. Real life examples show it can be done, he says.

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Construction Law Guide to: Practical completion

Our latest Construction Law Guide from Tom Manley of DLA Piper explains what practical completion means and examines some of the issues surrounding it.

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Witness conferencing in international arbitration

David Robertson, Emma Knight and Frederic Akiki of White & Case LLP examine the use of witness conferencing – often used in complex disputes – in international arbitration. It can be a powerful tool for expeditious and cost-effective hearings of contested witness evidence, they argue.

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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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