November 6, 2015

Fenwick Elliott Annual Review 2015/2016

Our Review features a number of key legal milestones, including the decision in Aspect v Higgins, the first adjudication enforcement case to reach the Supreme Court, which explained the time limits for bringing legal or arbitral proceedings to have a dispute finally determined in your favour if a construction adjudicator’s decision has gone against you, and you have had to pay out money in compliance with it.

As the Government’s 2016 deadline for all centrally procured projects to utilise Building Information Modelling (BIM) draws ever nearer, we look at the latest developments. We also follow up the discussion in last year’s Review on design duties and the distinctions between fitness for purpose and reasonable skill and care. Whilst we wait for FIDIC to issue updated versions of their Rainbow suite of contracts we provide an update on a number of interesting developments both at home and abroad including enforcing Dispute Board decisions, contractor claims about unforeseeable ground conditions and failing to proceed with due diligence.

There are plenty more articles for your consideration, the links to which are below or you can download a PDF of the full Review by completing the “Download our Annual Review” form. If you would like a hard copy of this Annual Review, please contact Jeremy Glover with your name, company name, address and email.

Annual Review articles

First Supreme Court decision on construction adjudication

Payment provisions in construction contracts

The future is nuclear?

Fitness for purpose

Descoping in construction contracts in the UAE

Time bars in an international context

Termination by the contractor

The Court of Appeal in Persero II: how to enforce "binding but non-final" Dispute Board decisions under the FIDIC form of contract

Unforeseeable ground conditions and proceeding regularly and diligently: the Obrascon case reaches the Court of Appeal

The SCL Protocol: time for change?

BIM: developments in 2015

Health and safety: the new CDM Regulations and misconceptions concerning the new role of principal designer

Exclusion and limitation clauses in construction contracts - recent developments

eDisclosure and harvesting the documents in construction cases

Other Annual Reviews