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The NEC4 has introduced a new option of referral to senior representatives of the parties to the project.

Certifiers hold a key role in construction contracts. Certificates, statements and decisions issued by certifiers – whose titles include Contract Administrator, Employer's Agent, Project Manager, Engineer and Architect to name a few – can have a huge impact on cash flow.

On 4 November 2015, the Supreme Court handed down judgment in joint appeals relating to Cavendish Square Holdings Ltd v Talal El Makdessi (the "Cavendish Appeal") and ParkingEye Ltd v Beavis (the "Beavis Appeal").

Under certain forms of contract, including FIDIC and the NEC Form, if a party wishes to preserve the right to challenge an adjudicator's or dispute board's decision, they must serve a valid notice of dissatisfaction.

This article is a follow-up to two International Quarterly ("IQ") articles on the Persero series of cases, ..

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. For example, there is a difference in the way that force majeure is treated in common and civil law jurisdictions.

There continues to be a steady stream of adjudication enforcement cases going through the courts, which tend to suggest that adjudication remains a popular form of dispute resolution. James Mullen looks at some of the most important developments from the last few months, starting with the question about whether a party can recover the costs incurred during the adjudication process.

"Risk and contract management" may sound boring and tedious to some. However, when it comes to keeping on top of your construction contracts, nothing could be more important.

March saw the long-awaited introduction of the new Dubai International Arbitration Centre (the "DIAC") Arbitration Rules 2022 (the "New Rules") replacing the prior DIAC Arbitration Rules 2007 (the "Old Rules").

This article looks at a number of the most common amendments made to JCT. They are from a range of JCT contracts but since JCT has streamlined the drafting and clause numbering used throughout its suite of contracts you tend to find the same wording coming up in all JCT forms. You will likely recognise some of the changes.

It is common practice for commercial contracts to stipulate which country’s laws will govern that particular contract. Such stipulations, often contained in clauses entitled "governing law" or "jurisdiction" are, more often than not, of little consequence to the parties as the either the performance of the contract takes place within that jurisdiction, all parties are based in that jurisdiction or the chosen jurisdiction has a favourable legal system in place.

The reluctance of English common law to imply a term of good faith 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.

The judgment of the UK Supreme Court, delivered on 21 May 2025, in the case of URS Corporation Ltd v BDW Trading Ltd1 addresses several complex legal issues arising from a dispute over liability for building defects discovered in two high-rise residential developments.

Following the decision in Murphy v Brentwood District Council [1991] 1 A.C. 398 HL, it was generally considered that the scope for the imposition of a duty of care not to cause economic loss was severely fettered.

The recent incursion of ISIS forces into Iraq is a matter of considerable concern to many who are involved in projects in Baghdad and Syria, who need to ensure the wellbeing of their staff and security of the works in difficult and often unpredictable circumstances.

In the first of a two-part article, which appears in the RICS Construction Journal, Nicholas Gould provides an overview of dispute resolution techniques available in the construction industry, and describes traditional and formal dispute resolution approaches.

Environmental, Social and Governance (ESG) issues are high on the agenda for the majority of developers, investors and occupiers, including in Africa.