“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.
To view a sample copy, please click here.
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  UKSC 59;  BLR 477
- Carillion Construction Ltd v Emcor Engineering Services Ltd and Another  EWCA Civ 65;  BLR 203
- Santos Ltd v Fluor Australia Pty Ltd  QSC 153
“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
- Exclusion/limitation clauses
Implied terms in construction contracts
- Due Diligence and expedition
- Good faith
- 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
International trends in construction arbitration
- Hong Kong
Insolvency in construction