Brexit means…?
Edward Colclough starts us off by discussing what the possible impact of Brexit will be for the construction industry. Apparently, for all the talk, Brexit simply means: the withdrawal of the United Kingdom from the European Market.

In its 21st year, the Annual Review reflects on how much still remains uncertain about Brexit and its implications for the UK construction industry, while also providing case law updates and the changes to be found in the new editions of FIDIC and NEC forms of contract as well as the new SCL Delay & Disruption Protocol. Also in this issue, we discuss site conditions, focusing on who takes the risk if it turns out to be unexpectedly adverse, and focus on recent developments in arbitration in the UAE and we explain more about the first reported court case in the UK about BIM. We also discuss design obligations, addressing fitness for purpose and the MTH v E.ON case as well as considering the more literalist approach of the courts when it comes to interpreting contracts, even if this results in an unfair decision.
09 November 2017
Edward Colclough starts us off by discussing what the possible impact of Brexit will be for the construction industry. Apparently, for all the talk, Brexit simply means: the withdrawal of the United Kingdom from the European Market.
Annual Review Fenwick Elliott Annual Review 2017/2018
8 min read
09 November 2017
We look at the latest cases from the courts covering unreasonable failure to mediate as the courts seek to encourage alternative dispute resolution.
Annual Review Fenwick Elliott Annual Review 2017/2018
10 min read
09 November 2017
Martin Ewen reviews product liability law in England and Wales and also whether there is a limit on the level of damages awarded in actions for wrongful death arising from defective products.
Annual Review Fenwick Elliott Annual Review 2017/2018
8 min read
09 November 2017
James Mullen looks at some of the most important developments from the last few months, starting with the question about whether a party can recover the costs incurred during the adjudication process.
Annual Review Fenwick Elliott Annual Review 2017/2018
12 min read
09 November 2017
Andrew Weston looks at how the Court of Appeal treated the concept of a contiguous extension of time in Carillion Construction Ltd v Emcor Engineering Services Ltd.
Annual Review Fenwick Elliott Annual Review 2017/2018
11 min read
09 November 2017
Claire King considers the materiality test as applied to negligence claims.
Annual Review Fenwick Elliott Annual Review 2017/2018
7 min read
09 November 2017
As Sarah Buckingham explains, one of the recurring themes in many of the contract negotiations we have seen this year relates to site conditions and who is to take this risk if they turn out to be unexpectedly adverse.
Annual Review Fenwick Elliott Annual Review 2017/2018
14 min read
09 November 2017
Jeremy Glover explains some of the changes to both contracts and at the same time highlights some of the differences between the NEC and FIDIC forms.
Annual Review Fenwick Elliott Annual Review 2017/2018
15 min read
09 November 2017
Claire King considers the FIDIC Yellow Book, termination and letters of credit with a look at the recent NIDCO case where Fenwick Elliott acted for the successful party.
Annual Review Fenwick Elliott Annual Review 2017/2018
14 min read
09 November 2017
Jeremy Glover considers concurrent delay, a frequent problem in construction contracts, and reviews case law's answer to the question of whether the contractor is entitled to extension of time.
Annual Review Fenwick Elliott Annual Review 2017/2018
13 min read
09 November 2017
FIDIC and the NEC also have well-known notice provisions. In 2017, the Northern Ireland courts were the scene of an interesting decision where, as Keegan J said, one party seemed to have overlooked the notice requirements amid a mass of claims.
Annual Review Fenwick Elliott Annual Review 2017/2018
9 min read
09 November 2017
Our new office in Dubai has been open for over two years now and goes from strength to strength. Our Dubai-based lawyers provide an update on the latest developments in the UAE which may affect international arbitration.
Annual Review Fenwick Elliott Annual Review 2017/2018
8 min read
09 November 2017
Dr Stacy Sinclair has in previous years provided valuable updates on the progression of BIM. This year is no exception. Stacy looks at the first English court decision where BIM featured. Access to the model was withdrawn following a dispute about, amongst other things, payment.
Annual Review Fenwick Elliott Annual Review 2017/2018
7 min read
09 November 2017
As Karen Gidwani explains, this year brought the conclusion to the long running case of MT Højgaard A/S v E.ON Climate and Renewables UK Robin Rigg and another. Fenwick Elliott acted for MTH.
Annual Review Fenwick Elliott Annual Review 2017/2018
20 min read
09 November 2017
The Society of Construction Law has updated its protocol. We review the updates in this article.
Annual Review Fenwick Elliott Annual Review 2017/2018
10 min read
09 November 2017
The Fenwick Elliott blog was launched in 2017 and is headed by Andrew Davies, who recently covered smash and grab adjudications.
Annual Review Fenwick Elliott Annual Review 2017/2018
5 min read