To understand their risk exposure fully, architects, engineers and other construction professionals engaged in design work need to know the extent of their design liability.

Construction professionals, as with other professionals, may be liable to their clients and third parties for damage and loss caused by the professional’s negligence.

Dispute resolution in the UK has never been more exciting, The recent advent of ajudication has totally transformed the landscape. It has had a profound effect on all other forms of dealing with construction disputes.

This is a construction contract update.

The Technology and Construction Court and First-Tier Tribunal have issued groundbreaking guidance on managing concurrent Building Safety Act proceedings across both jurisdictions. This landmark joint judgment addresses critical procedural challenges including divergent costs regimes, disclosure requirements, and tribunal composition when related claims proceed simultaneously in different forums.

Dispute resolution has never been more exciting. There is lots of it and it comes in a wide variety of flavours. About 10% of the UK’s gross national product is accounted for by construction activity, and this figure is probably a fair reflection of the high level of construction activity worldwide. So, what is happening in the arcane world of construction dispute resolution?

In the current credit crunch, with the oil price half what it was a year ago, and with environmental concerns about fossil fuel power stations and safety concerns about nuclear generation, there are some interesting trends to be found in the oil, gas and energy (‘energy’) industries.

A speech by Simon Tolson, Fenwick Elliott, delivered at the launch event for the new Pre-Action Protocol for Construction and Engineering disputes, 2 November 2016 at Super Court, 7 Rolls Building, Fetter Lane, Court 26

For international companies considering Nigeria, courtroom delays are costly: commercial cases can take five years or more, and litigation may consume up to 15% of the disputed sum.

A round up of recent case law updates.

The “New Engineering Contract” (NEC) has: become increasingly popular, particularly in the public sector, since the first edition was published in 1993.

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.

Maintaining records to meet the burden of proof and demonstrate causation in your construction claim or defence is essential. It's all on you!

Third-party funding (TPF) has become an increasingly significant feature of international arbitration, driven by the rising costs of resolving complex commercial disputes and the growing maturity of the funding industry. Recognising this development, Nigeria's Arbitration and Mediation Act 2023 (AMA) expressly permits third-party funding in arbitrations seated in Nigeria by abolishing the common law torts of maintenance and champerty in this context and introducing a statutory disclosure regime.