How the construction dispute landscape has changed
Ruth Leake interviews Victoria Russell on the changes she has seen to the way in which construction disputes are dealt with across the span of her long career.

This year’s Annual Review brings together a broad range of articles reflecting the diversity of issues encountered over the past year. We revisit significant cases from previous years, including the Supreme Court’s approach to anti-oral variation clauses and the Court of Appeal’s consideration of concurrent delay, alongside practical guidance on recording variations in writing. The Review also offers hands-on advice on contract execution and examines third-party agreements, a recurring issue where contractors are increasingly asked to assume extensive “up the line” obligations not expressly set out in the building contract.
07 November 2018
Ruth Leake interviews Victoria Russell on the changes she has seen to the way in which construction disputes are dealt with across the span of her long career.
Annual Review Fenwick Elliott Annual Review 2018/2019
4 min read
07 November 2018
Lucinda Robinson provides practical advice with a guide to signing contracts.
Annual Review Fenwick Elliott Annual Review 2018/2019
6 min read
07 November 2018
Sarah Buckingham considers third-party agreements.
Annual Review Fenwick Elliott Annual Review 2018/2019
8 min read
07 November 2018
James Mullen discusses anti-oral variation clauses. As James notes, if there is an oral instruction or variation, make sure that it is recorded in writing.
Annual Review Fenwick Elliott Annual Review 2018/2019
9 min read
07 November 2018
Rebecca Ardagh sets out some of the lessons that we can all learn from the long-running litigation.
Annual Review Fenwick Elliott Annual Review 2018/2019
9 min read
07 November 2018
Andrew Weston asks whether a company in liquidation can adjudicate when the dispute includes determination of any claim for further sums said to be due to the referring party.
Annual Review Fenwick Elliott Annual Review 2018/2019
4 min read
07 November 2018
Martin Ewen reviews a decision of Mr Justice Fraser where he extended the long-established grounds on which a party can seek a stay of execution of an adjudicator’s decision.
Annual Review Fenwick Elliott Annual Review 2018/2019
8 min read
07 November 2018
In April 2018, Claire King provided an update on the Bribery Act. Claire notes that it has been said that addressing bribery is a good thing because it creates the conditions for free markets to flourish, something which may be of some significance with Brexit just around the corner.
Annual Review Fenwick Elliott Annual Review 2018/2019
13 min read
07 November 2018
Concurrent delay is an issue which continues to be a topic of much debate. Marc Wilkins considers the enforceability of clauses which seek to allocate the risk of concurrent delays.
Annual Review Fenwick Elliott Annual Review 2018/2019
9 min read
07 November 2018
Jeremy Glover looks at the treatment of force majeure, which are now "exceptional events" under the new FIDIC Rainbow Suite.
Annual Review Fenwick Elliott Annual Review 2018/2019
7 min read
07 November 2018
A key development in the UAE in 2018 was the long-awaited introduction of a new Arbitration Act. Together with Ahmed Ibrahim, Jeremy Glover explains the key features of the legislation.
Annual Review Fenwick Elliott Annual Review 2018/2019
11 min read
07 November 2018
When FIDIC updated the Rainbow Suite of Contracts, one key question was the extent to which FIDIC would amend the dispute resolution provisions. In particular, how would FIDIC address the provisions relating to “binding but not-final” DAB decisions? Robbie McCrea explains what FIDIC have done.
Annual Review Fenwick Elliott Annual Review 2018/2019
13 min read
07 November 2018
In an extract from a paper prepared for the TECSA Adjudicator Panel, Simon explains what makes a good adjudicator.
Annual Review Fenwick Elliott Annual Review 2018/2019
12 min read