i-law

Construction

Construction law in 2023: a review of key legal and industry developments

This article provides an overview of some of the most important construction case law, industry and procedural developments over the course of 2023. 

Its jurisdictional scope encompasses England and Wales, Hong Kong SAR, Singapore and UAE with subject matter including contractual interpretation, professional negligence, adjudication enforcement, assignment and limitation. The review also celebrates the 150th anniversary of the Technology and Construction Court and provides a snapshot of trends and ongoing disputes to keep an eye on in 2024.

Key judgments analysed include URS Corporation Ltd v BDW Trading Ltd [2023] BLR 437, Kajima Construction Europe (UK) Ltd and Another v Children's Ark Partnerhsip [2023] BLR 271 and Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC [2023] BLR 552.

The article is available at https://www.i-law.com/ilaw/doc/view.htm?id=438082

 

Construction Law Reporter

BELLWAY HOMES LTD v SURGO CONSTRUCTION LTD

Validity of appointment of adjudicator – Time frame for appointment – Selection from employer panel – Whether inference of bias – Jurisdiction to order repayment of overpayment under interim payment
Online Published Date:  11 Mar 2024

ARMSTEAD v ROYAL & SUN ALLIANCE INSURANCE COMPANY LTD

Negligence – Damage to tangible property – Consequential economic loss – Remoteness and the burden of proof
Online Published Date:  11 Mar 2024

CLS CIVIL ENGINEERING LTD v WJG EVANS AND SONS (A PARTNERSHIP)

CPR Part 8 – Whether claim suitable for Part 8 proceedings – Whether relationship between parties governed by letter of intent
Online Published Date:  12 Feb 2024

Focus on FIDIC

How do you find the dispute resolution clauses in FIDIC's 1999 and 2017 Rainbow Suites?

This commentary by Christopher Seppala describes the current provisions on direct arbitration, proposes how those provisions should be implemented, identifies a respondent's potential defences, and concludes with some future recommendations. 

We welcome any feedback on the issues raised in this article. Contact kate.clifton@lloydslistintelligence.com

Latest issues

Building Law Monthly

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The latest issue of Building Law Monthly features three judgments from the Technology and Construction Court and one from the Court of Appeal:

  • Illumnesia Ltd (t/a AlterEgo Facades) v RFL Facades Ltd [2023] EWHC 3122 (TCC)
  • University of Exeter v Allianz Insurance plc [2023] EWCA Civ 1484
  • Van Elle v Keynvor Morlift Ltd [2023] EWHC 3137 (TCC)
  • Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies plc [2023] EWHC 2506 (TCC)

Click here to view commentary on these cases and the Building Law Monthly content archive.

International Construction Law Review

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The first part of the 2024 volume of The International Construction Law Review considers a broad range of issues including sustainability in construction projects, global “megatrends” in the use of smart contracts, and constructive acceleration.

It also examines the “troubled evolution” of Australian common law in the context of the doctrines of prevention and penalties, with analysis of the Dunlop judgment and Peak precedent. 

Click here to view the latest issue. Part 2 of the journal will publish in April 2024.

Construction Search

Find us on LinkedIn

Have you joined the Lloyd's List Intelligence Construction Law Group on LinkedIn? If not, you can do so here.

Our collection of books on FIDIC contracts

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FIDIC contracts are the most widely used contracts for international construction projects around the world and are used in many different jurisdictions. Donald Charrett's series of books discussing their use includes:

FIDIC Contracts in Africa and the Middle East: A Practical Guide to Application

FIDIC Contracts in Asia Pacific: A Practical Guide to Application

FIDIC Contracts in the Americas: A Practical Guide to Application

FIDIC Contracts in Europe: A Practical Guide to Application

Each of these titles can be accessed as part of the Construction channel on i-law.

Building Law Reports

GLOVER AND ANOTHER v FLUID STRUCTURAL ENGINEERS AND TECHNICAL DESIGNERS LTD

[2024] BLR 76
Strike-out – Summary judgment – Structural engineer's scope of duty – Liability for costs in investigating claims as a result of alleged negligence – Liability to repay fees.

UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC

[2024] BLR 63
Insurance – War exclusion – Unexploded World War II bomb – Damage occurring over 70 years later – Human intervention – Proximate cause – Dominant effective and efficient cause – Common sense – But for test – Passage of time – Concurrent causes.

MUNICÍPIO DE MARIANA AND OTHERS v BHP GROUP (UK) LTD AND ANOTHER

[2024] BLR 108
Fundāo Dam disaster – Part 20 defendant – Joinder of Part 20 defendant – Arbitration clause – Shareholder agreement – Stay to arbitration under Arbitration Act 1996, section 9. – Brazilian law – Arbitration clause – Shareholder agreement – Stay to arbitration under Arbitration Act 1996, section 9. – Arbitration Act 1996, section 9 – Stay – Abuse of process.

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