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Edward Foyle of Fenwick Elliott and Sanjay Patel KC of 4 Pump Court discuss the meaning of commonly used design obligations in standard forms of contract, including fitness for purpose...

A Scottish court examined whether an adjudicator's decision should be enforced when the adjudicator concluded that "time was at large" despite neither party making this submission during the adjudication proceedings. The subcontractor argued this constituted a breach of natural justice, claiming the adjudicator had gone on a "frolic of his own" by introducing reasoning not presented by either party.

How can a claimant recover its losses associated with cladding remediation when the developer no longer exists, or does not have the money to cover the costs?

We continue to see a high demand for data centres. Far from being ‘big sheds with lots of M&E', they are technically complex, challenging projects which can give rise to all manner...

The Costs Management Pilot Scheme was in effect for 18 months in all Technology and Construction Courts and Mercantile Courts, and ended on 31 March 2013.

The Supreme Court unanimously ruled that a collateral warranty executed years after practical completion does not constitute a construction contract under the HGCRA. The Court found that collateral warranties typically do not meet the definition of a construction contract, as their primary purpose is not the carrying out of construction operations.

In a dispute arising out of the performance of professional services and construction operations in respect of the design and construction of a care home, the judge, Martin Bowdery KC...

This issue of International Quarterly explores the new ICC Arbitration Rules, jurisdictional and enforcement challenges in disputes involving Russian entities, the FIDIC Gold Book’s whole-life contracting model, state immunity and the enforcement of ICSID awards, the risks of third-party funded arbitration and recent guidance on referring disputes to ad hoc DABs under FIDIC contracts.

At the end of 2011, after extensive public consultation, the European Commission published its proposals for simplifying and modernising the public procurement regime.

We have discussed this case previously in Dispatch, Issues 290, 291 and 304. Providence had brought a Part 8 claim seeking a declaration against Hexagon...

Having negotiated contracts on a number of internationally financed projects over the past year, the reluctance of employers (or more likely of their lenders) to progress projects on the standard FIDIC conditions of contract is clear to see.

The Fenwick Elliott Annual Review (please click here to read), contains articles and practical advice designed to help keep you up to date on the latest legal developments and regulatory changes.

There are a small number of types of construction projects which are excluded, by virtue of section 105(2) from the adjudication provisions of the Housing Grants Act.

There is of course some uncertainty about the impact that Covid-19 is having and will have on current projects and businesses. From the frequent questions arising this week, consideration should be given to:

International Quarterly is a newsletter which provides informative and practical information regarding legal and commercial developments in construction and energy sectors around the world.

The latest International Quarterly covers updates to the IBA's Conflicts of Interest Guidelines, the US Court's pro-arbitration stance in the Micula case, the English High Court's annulment of a fabricated £70 million award, and a UK Supreme Court ruling on damages principles.

The Fenwick Elliott Annual Review, (please click here to read), contains a number of articles and features designed to help, keep you informed about the latest legal decisions and regulatory changes so as to enable you to avoid costly delays and disputes.

The dispute in this case related to a house extension and refurbishment. HHJ Davies had to consider whether Carrington had properly particularised her claims and whether they had a real prospect of success on the case...