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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. 

Dispute Resolution is a fast evolving arena with several methods no longer being merely alternatives but an appropriate dispute resolution mechanism instead. With Singapore in 2019 being the venue and the named Convention on the Enforcement of Mediation Settlement and corresponding Model Law of…

The Civil and Common Law approaches to fixed damages upon the occurrence of breaches of contract has taken different paths. Penalties are frowned upon in the Common Law but liquidated damages enforced. The reverse is broadly true in the Civil Law. There are a variety of approaches to the…

This paper discusses the complexity of construction damage measurement, and ten legal concepts affecting on construction damage measurement and recovery.

This summary should be considered as a basic introduction only and does not constitute legal advice of the legal position in any jurisdiction and no liability is accepted or assumed for any error in the comments below.

There are two major peer-reviewed, institutional guides to forensic programme delay analysis methods.   One is the Society of Construction Law’s Delay and Disruption Protocol 2nd ed. (2017)  and the other is Association for the Advancement of Cost Engineering International’s (AACE)  Recommended…

This article aims to analyze how some legal aspects and rules may influence on how owners and contractors approach claim management in construction projects, taking special consideration in regards to scope change and time limit to present claims. There has been a recent push for the development…

Depositions in international arbitration proceedings is a controversial problem. This paper explores the nature of depositions as a United States-based discovery mechanism and examines the role that depositions could take as part of international arbitrations.

In civil engineering works the assessment by the contractor at tender stage of the ground conditions that are likely to be encountered during the works constitutes a baseline assumption for the purposes of its bid price.  Where conditions turn out to be different from what was expected at tender…

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…