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…
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…
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)…
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…
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…
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…
Over the past two decades, more than a dozen jurisdictions around the world have enacted legislative reform programs to promote ‘security of payment’ within their construction industries. There are two linked foundations to these reforms: ensuring prompt payment for work…