Construction Law International June 2011

Construction Law International articles are now available online to members of the International Construction Projects Committee. To access the article in this issue, you will need to sign in using your IBA username and password. Access login details. 


International Construction Projects Committee messages

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Causation, the structural engineer, and the expert witness
Dr Sean Brady

This article discusses how expert witness services can be improved in
construction disputes where the determination of the cause of structural
defects is critical. It examines some of the common ways structural experts
fail to provide quality services, before focusing on an issue particular to
causation investigations – a lack of forensic expertise and experience on
the part of the expert.

The article introduces forensic expertise, illustrates how it is ideally suited
to determining causation and concludes with practical guidance for legal
teams to ensure its implementation. These insights should assist legal teams
to ensure expert witnesses approach their brief to determine causation in a
manner that is independent, transparent and forensically sound.

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New horizons? Trends influencing effective projects and construction dispute resolution in Ireland
Cassandra Byrne and Jarleth Heneghan

Businesses around the globe are looking to the horizon for new ways
to manage effectively and resolve project and construction disputes. In
progressively dealing with disputes, businesses need to identify their goals
and objectives and consider how, in shifting climates, those objectives
can be best achieved. Control over the type, timing and cost of dispute
resolution options can be critical to a business’ survival or development.

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Design liability in English law
Tony Marshall

On a construction project, defects can have many causes. They may be the
result of the quality of materials used, the standard of workmanship, or
they may be the result of defective design. This article considers some of
the key characteristics of design liability in English law.

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Keating Chambers column

Frustration and force majeure - a hard line in English law

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From the Construction Law Campus


Construction law conferences: lessons learned

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Case updates

Northern Ireland / England and Wales

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