Tag results for 'Construction'
Bad news should travel fast: a collaborative view of contract notice provisions
Notice provisions are a necessary part of construction contracts, but they can also be a source of contention. Employers may regard receipt of formal notice as merely the first step towards an eventual claim. Contractors may regard strict notice provisions as an inequitable barrier used to deny otherwise just claims. The guidance written on the application of notice provisions focuses on protecting the parties’ individual rights. Can parties look at notice as the first step in a collaborative change management process without losing any of that protection?
Released on Oct 24, 2023
The elephant in the room. Why do some civil servants prefer to delegate tough decisions to tribunals?
Released on Oct 24, 2023
Negative variations in common law
Released on Oct 24, 2023
Architects’ fitness for purpose obligation: obligation of means or obligation of result?
There is a consensus among various legal systems that professional service providers have to perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the ‘obligation of means’, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that architects’ duty is an ‘obligation of result’, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third theory has also been developed which differentiates between architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind them.
Released on Oct 23, 2023
Ground conditions and design liability
Released on Oct 23, 2023
Construction Law International - October 2023
Released on Oct 18, 2023
Construction Law International – October 2023 – Conference Report
Released on Oct 18, 2023
Transferring project design risk
Some construction industry commentators have urged a more integrated approach to design and construction, with equitable risk sharing and an effort to ensure that project design will benefit from the experience of companies that build and supply key equipment and systems. This article will, however focus on various ways in which project employers and/or designers seek to disclaim or delegate responsibility for design in ways other than awarding a standard design-build contract.
Released on Oct 18, 2023
From the Editors – Construction Law International – October 2023
Released on Oct 17, 2023
From the Co-Chairs – Construction Law International – October 2023
Released on Oct 17, 2023
FIDIC – Construction Law International – October 2023
Released on Oct 17, 2023
Construction Law International – October 2023 – Country Updates: Australia
Released on Oct 17, 2023
Construction Law International – October 2023 – Country Updates: England
Released on Oct 17, 2023
Construction Law International - July 2023
Released on Jul 17, 2023
Dispute boards and the Olympic Games: a tried and tested method of dispute avoidance
The Olympic Games is an economical, logistical and legal feat which tests a nation’s ability to deliver quality infrastructure in a timely manner on the world stage. A host city is uniquely placed under immense pressure to have all the necessary facilities, venues and other associated construction work completed on time for the sporting events to commence. Delay is not an option and every government decision is openly scrutinised in the public eye. However, as all in the construction industry know, undertaking major projects is rife with risk in terms of delay, defects, cost blowouts and a raft of other unexpected consequences. For a host city, it is imperative that the suite of contracts it enters into to build the venues, facilities, and infrastructure contain appropriate dispute avoidance and resolution mechanisms to manage the risks, and inevitable disputes, as and when they arise. Based on a history of success, this article proposes that dispute boards, in whichever form, are most appropriate for the avoidance of disputes. They are also useful for resolving disputes that cannot be avoided without the need have recourse to formal dispute resolution processes such as public litigation or arbitration.
Released on Jul 9, 2023
Big data arrives in the construction industry, and it’s only getting bigger
Conflicts in the construction industry are being shaped by new and growing sources of data. Be sure your hands are on the controls. This article considers big data in the construction industry and the tools which businesses will use to generate process efficiencies and cost effectiveness against the backdrop of the risks associated with storing and maintaining the data.
Released on Jul 9, 2023
‘What’s all the buzz?’ Drones in the construction industry
The use of drones in the construction industry is not a recent development, but the increasing frequency of use and rapid changes to technology continue to give rise to legal risks for users. This article sets out some of the core uses of drones in construction, the legal risks and considerations of drone use in the UK and thoughts on the future of drone use and its potential future impact on construction projects.
Released on Jul 9, 2023
Technology contracts for construction and infrastructure projects – and how we can do them so much better
This article provides an overview of some of the key problems associated with addressing risk in technology contracts for construction and infrastructure projects. These issues are often rooted in the different risk profiles for technology versus construction projects and the tendency of construction contractors to disregard these differences and contract technology projects as though they were typical construction projects.
Released on Jul 9, 2023
Are standard form construction contracts fit for the ‘Smart Infrastructure’ of the future?
This article considers whether our current standard form construction contracts are fit for the Smart Infrastructure of the future. We suggest some preliminary answers to whether the standard forms are fit for the future, and if not, how they should be adapted.
Released on Jul 9, 2023
Construction Law International - Conference Report - July 2023
Released on Jul 9, 2023
Construction Law International – July 2023 – Country Updates: Brazil
Released on Jul 6, 2023
Construction Law International – July 2023 – Country Updates: Zambia
Released on Jul 6, 2023
Construction Law International – July 2023 – Country Updates: India
Released on Jul 6, 2023
From the Editors – Construction Law International – July 2023
Released on Jul 5, 2023
Construction Law International - March 2023
Released on Mar 31, 2023
Construction project eschatology: sustainable project decommissioning
Released on Mar 31, 2023
The enforceability of knock-for-knock indemnity clauses in offshore wind construction contracts
Released on Mar 31, 2023
Joined at the hip (and at the heart) – managing the inherent risks of joint ventures in the Australian construction industry
Released on Mar 31, 2023
Country Updates – March 2023
Released on Mar 31, 2023
Unforeseen subsurface conditions: A problem beneath us
Released on Mar 31, 2023