Privilege in the Context of Construction Claims: A Refresher and Warnings

In this month's Insight we review some of the basics in respect of privilege so far as it pertains to construction claims including adjudications. As those who have had to go through the painful process of disclosure will be acutely aware, communications can, of course, be confidential without being privileged. This will mean that once court proceedings or arbitration proceedings are started, "confidential" documents that do not attract privilege may well have to be disclosed. In the era of the email this can, unfortunately, be forgotten far too easily.

We look at some of the traps the unwary can fall into, before setting out some practical tips for attracting, and not waiving, privilege¹