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Papers

Our published papers are available in PDF format to members only. Please log in to see a link underneath each paper to download the PDF. 

Identifies issues for consideration and recommended strategies to best protect privileged documents in multi-state/multi-country disputes

This paper provides construction lawyers with a fresh review of the unique dispute prevention, de-escalation and “real time” dispute resolution tools that the construction industry has developed to “keep the peace” in jobsite relationships.  It further reminds construction lawyers about their…

Dispute Resolution in construction disputes continues grow in sophistication throughout the international legal community. In this paper we discuss the primary concepts of dispute resolution.  There are several ADR approaches used in  resolving construction disputes (mediation, arbitration, DBs…

Disputes about the meaning of contractual clauses are a common issue on construction projects. This is the case when dealing with bespoke contracts but even standard forms of contract can give rise to such issues. All the more so in an international context when the parties own native languages…

Issues of “good faith” in the performance of construction and engineering contracts are common.  Moreover, “good faith” issues arise in most jurisdictions of the world, including common law and civil law jurisdictions.  This paper considers the approach taken by English common law to the legal…

The fact-finding process in arbitration conducted in the arena of construction adjudication is of central importance. It is also a major contributor to cost. “Cost” continues to be seen as arbitration’s worst feature, followed by a number of factors including “lack of speed”. These findings…

Although there is no clear demarcation between direct and consequential damages in the U.S., the distinction is critical to the outcome of many construction cases as waiver provisions are commonly integrated to construction contracts. In particular loss of profits and certain financing costs are…

One of the recurring problems for construction and engineering projects is “the unexpected”, particularly when adverse site conditions are encountered.  Who bears the risk of adverse site conditions?  Is the employer legally responsible for the accuracy of information provided to the contractor…

The construction project delivery environment has undergone dramatic changes due to Globalization and growth in both project size and complexity.   In the past three decades we have seen the rise of the megaproject, large-scale, complex ventures that typically cost over a billion dollars; take…

Until recently Australian courts have followed the decisions of English courts, which have restricted the meaning of the expression ‘consequential loss’ to loss that falls within the second limb of Hadley v Baxendale.  However, since 2008 there have been a number of cases which have refused to…