Review of Construction Law 2017 by Mathias Cheung published by Informa

“Construction Law Review 2017: a review of key legal and industry developments” (just published by Informa) was written by Mathias Cheung with a foreward by Chantal-Aimée Doerries QC.

The review summarises and explains some of the most important legal and industry developments in construction law in 2017, both in the UK and globally. The issues covered are designed to be of relevance to legal practitioners and construction professionals alike.

The publication is available online as part of an i-law subscription and for purchase in hard copy.

Further details

The scope of this review encompasses the common law jurisdictions of the UK, Australia, Singapore and Hong Kong, with analysis also of international construction arbitration in the Middle East. Highlights include the decisions featured below:

• MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Ltd and Another [2017] UKSC 59; [2017] BLR 477
• Carillion Construction Ltd v Emcor Engineering Services Ltd and Another [2017] EWCA Civ 65; [2017] BLR 203
• Santos Ltd v Fluor Australia Pty Ltd [2017] QSC 153

Contents include

“Smash and grab” adjudications

• Validity of payment applications and pay less notices
• Effect of an interim payment valuation
• Pay less notices and final accounts

Adjudication procedure and enforcement

• Part 8 proceedings during adjudication
• Part 8 proceedings to resist enforcement
• Challenges to adjudication enforcement
• Adjudicator’s fees and adjudication cost

Interpretation and rectification of construction contracts

• Contractual interpretation
• Rectification
• Exclusion/limitation clauses

Implied terms in construction contracts

• Due Diligence and expedition
• Good faith

Design liability

• Assumption of responsibility
• Duty to consider and advise on cost
• Fitness for purpose

Delay and prevention principle

• Contemporaneous versus time-distant delay analysis
• Prevention principle and concurrency
• Disruption analysis

Liquidated damages

Public procurement

International trends in construction arbitration

• Hong Kong
• Singapore
• UAE

Insolvency in construction

Concluding observations