This year our Annual Review celebrates its 25th year. We provide our usual adjudication and caselaw update and focus on the impact of climate change on construction contracts. We cover liquidated damages, bonds, PFI contracts, unforeseeable ground conditions and also track the courts’ approach to expert evidence. We also consider bias & conflicts of interest amongst both experts and arbitrators. Globally, we consider possible changes to witness evidence, the UNCITRAL Expedited Arbitration Rules and Investment Treaty Arbitration.
Research & insight
We regularly produce newsletters, articles and papers to keep our clients and other stakeholders up to date with the latest developments and debates in construction and energy law. You can browse some of our most recent materials below.
A monthly newsletter which summarises recent key cases and legal developments relating to construction law issues.
A regular newsletter, which provides practical information on topical issues affecting building, engineering and energy sectors.
A newsletter which provides practical information regarding international legal and commercial developments in construction and energy.
A monthly newsletter focused on advancements and innovation in technology, law and the environment.
Our regular online article which appears in Building magazine and on Building’s website. It analyses recent cases of interest to the construction sector.
Articles & papers
2020 will be remembered for one thing, and this year’s Review reflects the impact of the COVID-19 pandemic. We also track the Bresco story, look at termination and consider the growing scandal about properties covered in combustible cladding. Focussing on digital technology, we cover data & digital processes, the new Information Protocol & BS 19650, Digital Twins and modular construction. Globally, we consider the Advancing Net Zero project, KSL Arbitration Law, the penalties doctrine, changes to the LCIA rules and the Enka v Chubb decision.
This year’s Review reflects the typically diverse range of issues we have found ourselves looking at over the past year. Increasingly this includes digital technology including the use of drones and the JCT guidance on using BIM. From an international perspective we review multi-tiered dispute resolution clauses in the UAE, the new KSL Arbitration Law and the Singapore Mediation Convention. We also consider indemnities, notices, force majeure, completion and liquidated damages as well as providing an adjudication update and discussing what happens next with retentions.
This year’s Review features a wide range of articles, reflecting the typically diverse range of issues we have found ourselves looking at over the past year. We also revisit cases from previous years including considering the Supreme Court’s take on anti-oral variation clauses. Regardless of their decision, wherever there is an oral instruction or variation, as a matter of good practice make sure that it is recorded in writing. In last year’s Review we looked at the way concurrent delay was dealt with. This followed a rare decision from the TCC on the topic and this year that case reached the Court of Appeal.
Adjudication case notes
Since the first case on enforcement of an adjudicator’s decision of Macob Civil Engineering v Morris Construction Ltd  EWHC there have been hundreds of cases dealing with a wide variety of adjudication issues under the Housing Grants, Construction and Regeneration Act 1996. Our data base lists in excess of 450 cases reported (in some cases unreported) in England, Wales and Scotland.
Fenwick Elliott have been involved in a number of industry focused webinars either in-house or asked by leading industry organisations to participate in external webinars to share their knowledge and expertise of construction and energy law and provide updates on a wide range of topical legal issues.