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  • Article

    Compensation Events Under NEC3

    This is the second of a three-part series on NEC3. The first part looked at recent case law on NEC3, and this second part looks at one of the most contentious areas of the NEC3 form: compensation events.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Delay Claims In Data Centre Construction: Part 1

    Data centre construction presents unique scheduling pressures and contractual complexities that distinguish it from traditional construction sectors. This analysis explores how market-driven hyper-growth, complex MEP systems, and compressed timelines create distinct delay risks in modern data centre delivery. The paper examines common causes of delay—from trade-to-trade handovers to commissioning bottlenecks—and their cascading impacts on project completion.
    United KingdomReal Estate and Construction
Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    Do Contracting Parties Have A Duty To Act In Good Faith Under English Law?

    The reluctance of the courts to imply terms into agreements negotiated between two commercial parties at arm’s length is well known and is based on the long-established doctrine of freedom of contract.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    SIAC Announces Updated Arbitration Rules and New Investor-State Arbitration Rules

    The Singapore International Arbitration Centre ("SIAC") released the sixth edition of its arbitration rules (the "2016 Arbitration Rules") on 1 July 2016, with the stated aim of providing an updated set of procedures that are "timely, efficient, cost-effective, and user-friendly".
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Bribery In International Construction

    A recent report1 by Global Construction Perspectives and Oxford Economics forecasts that by 2030 the volume of construction output will grow by 85% to US$15.5 trillion worldwide, with China, the US and India leading the way and accounting for 57% of all global growth.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    DTH v DTF: An Example Of The Potential Issues With Third-party Funded Arbitrations

    A Singapore International Commercial Court case examines whether third-party funding costs can be recovered from the losing party in arbitration, raising critical questions about the boundaries between litigation costs and financing arrangements. When a US$14.7 million arbitration award was nearly entirely consumed by US$14.6 million in funding costs, the successful claimants challenged the tribunal's refusal to order cost recovery. The court's decision illuminates the evolving global framework governing th
    SingaporeLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The New DIAC Rules - One More Positive Step Forward!

    The United Arab Emirates seems to be very close to putting in the last piece of the puzzle for the region's most genuine arbitration-friendly jurisdiction.
    United Arab EmiratesLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Covid-19, FIDIC And Construction Contracts

    One of the potential difficulties with international projects is that the contracts entered into are governed by laws which may be unfamiliar to one or other of the contracting parties.
    United KingdomCoronavirus (COVID-19)
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    A Cold Wind Blows: The Impact Of A More Literal Approach To Contractual Interpretation On Construction Contracts

    The key to resolving disputes is all too often working out what a particular provision or provisions actually means. Parties may have wildly different views on what something means even after spending hours negotiating the fine print and signing on the dotted line.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Common Legal Myths: "Snagging"

    Building works, like the arrow of Eleatic paradox, have a propensity to get closer and closer to completion but never quite to arrive.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Demystifying BIM (Building Information Modelling)

    The Government’s Autumn Statement re-affirmed the Cabinet Office’s commitment to the use of Building Information Modelling (BIM), the purpose of which is to provide a common, co-ordinated source of structured information to support construction projects.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Making A Claim Under The FIDIC Form Of Contract. What Is Clause 20 All About?

    Clause 20.1 of the FIDIC form provides a procedure for dealing with the notification of and substantiation of extension of time and additional payment claims, and sets out the mechanics of the decision-making process of the engineer in respect of those claims.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Government Finally Reveals Its Intentions For The Reform Of The Adjudication And Payment Provisions Within The Construction Act

    It was probably some three years ago that people first began seriously to talk about possible changes to the Housing Grants Construction & Regeneration Act 1996 (“HGCRA”).
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Third Party Costs Orders: Making Those Who Are Not A Party To The Original Proceedings Pay

    In the present economic climate there are an increasing number of companies going into liquidation and with increasing cash-flow problems in the industry it is likely that the number of adjudications, arbitrations and Court claims will increase.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Arbitration Out Of Africa – Is There A Way Back In?

    African governments have grown wise to the fact that arbitration can be a source of economic activity, with conference centres, hotels and local lawyers set to benefit.
    GlobalLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The New UAE Civil Code

    The UAE continues to develop its legal framework with the recent enactment of Federal Decree Law No. 25 of 2025 (the "New Civil Code"), which replaces and significantly reforms major...
    United Arab EmiratesReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Taking Over: The Meaning Of Completion Under The 2017 FIDIC Contracts

    Only the issue of the Taking-Over Certificate will be examined in this article.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Construction Professionals Beware: Has The Test For Reasonable Skill And Care Been Weakened?

    On 11 March 2015 the Supreme Court handed down judgment in the case of Montgomery v Lanarkshire Health Board.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Don't forget to have your say: Government Consultations on Retention and the Housing Grants Act close on 19 January 2018

    The Government is currently running two parallel consultations aimed at encouraging best practice in fair and prompt payment within the construction sector. These are as follows:
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Gagged Development = Stunted Growth = Stagnation

    It has always frustrated me that the planning, conservation approval and the listed building consent process is not unlike it once was for a Romanian applying for a visa to go to the USA before the days of Glasnost.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 461–480 of 604 results

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