Global claims are defined in Keating on Construction Contracts, Eleventh Edition, 2021, page 309, as "one that provides an inadequate explanation of the causal nexus...

The OECD, in its paper Quality Infrastructure in 21st Century Africa1, stated that Africa's infrastructure is still behind other continents.

Public procurement can be a complex and challenging field. With governments around the world spending an estimated 9.5 trillion dollars a year1 of taxpayers' money on goods and services...

Adjudication is often preferred over litigation as it is a quicker process, which lasts between 28-42 days from the date of the referral notice.

In Barton Legal's May 2023 webinar, speaker Xavier Leynaud explored the "gibberish" of concurrent delays. Concurrent delays are defined in various ways under common law.

Fraud is an ever-increasing issue in the construction industry, with 26% of UK construction companies reporting fraudulent activity in 2023.

Therefore, when you are drafting the contract, be very careful about defining what contractual difficulties the duty of good faith applies to; is it general or does it only apply to specific situations...

One of the biggest risks in construction is time. This article discusses the fundamental ingredients required by a solid construction programme, which can combat the risk of time.

Before 2019, constructing underground posed significant challenges, because the existing FIDIC suite of contracts was primarily designed for above-ground projects.

The Joint Contracts Tribunal (‘JCT') suite of contracts are one of the most popular forms of construction contract in England and Wales. The JCT produces standard forms of construction contracts...

If you have a construction contract for a commercial development, as defined under sections 104-107 of the Housing Grants, Construction and Regeneration Act 1996, or a contract for a domestic construction project, which includes an adjudication provision, you should be entitled to refer a dispute to adjudication.

Due to the nature of the construction industry, contractors are bound to be faced with a dispute at some point.

Clawbacks or deductions are part of a complex pricing mechanism.

High staff turnover on construction projects? Replacing Project Managers? Not a problem…correction, it has more risks and financial consequences than you think.

Both NEC and FIDIC contracts expressly state that notice of a claim is a "condition precedent".

Parties to a construction project can face different type of disputes and below are some key examples...

NEC contracts' simplicity often leads to misinterpretation and flawed amendments. Proper understanding of client objectives, risk allocation, and adherence to NEC drafting principles are essential for effective contract management.

Mediation is a form of Alternate Dispute Resolution ("ADR"), often used as a method to settle a dispute before the issue of proceedings...

Have you ever been involved in a Court battle and wondered how do you put pressure on the other party to settle? Are you confident enough in your arguments but you are in a position where you want to try and resolve the matter?

Smash and Grab is a description applied to certain types of claims in adjudication, with a sole focus of recovering monies for unpaid payment applications and certifications.