Fenwick Elliott Annual Review 2023/2024

Annual Review 2023/2024
Download this issueThis year’s Annual Review reports on a year which has seen the new building control regime come into force, the launch of ChatGPT, significant changes to arbitration in the Middle East, and the continued significance of developing affordable, secure and low carbon energy. We also look at the latest developments and precedents for NEC, IChemE and FIDIC contracts, as well as PFI agreements, and our customary focus on the year’s key adjudication decisions and case law.
In this issue
15 December 2023
AI is about to completely change construction law
Stacy Sinclair takes a closer look at generative AI’s transformative potential within construction law, among other sectors.
Annual Review Fenwick Elliott Annual Review 2023/2024
20 min read
15 December 2023
Retentions: get rid or retain?
Claire King looks at the industry-wide reasons for moving away from retentions and then reviews the possible options for alternatives that are available.
Annual Review Fenwick Elliott Annual Review 2023/2024
9 min read
15 December 2023
Getting termination right: lessons from the courts
The suspension or termination of a construction contract is a serious step. Stating the obvious, the safest, indeed, the only course of action for the employer or contractor is to carefully follow the terms of the contract in question.
Annual Review Fenwick Elliott Annual Review 2023/2024
10 min read
15 December 2023
Exercising the right to suspend: how does the FIDIC form work?
Jeremy Glover reviews the recent court guidance from the UK about termination and from South Africa about suspension under the FIDIC Form.
Annual Review Fenwick Elliott Annual Review 2023/2024
8 min read
15 December 2023
Arbitration in the Middle East – an update
There have been a number of changes to the way international arbitration is carried out. In a further step to promote the Middle East as a global hub for arbitration, both the Kingdom of Saudi Arabia (“KSA”) and the United Arab Emirates (“UAE”) have recently made changes to their arbitration frameworks, modernising and strengthening arbitration in the region. Shahed Ahmed and Natalie Mackay take you through those changes.
Annual Review Fenwick Elliott Annual Review 2023/2024
6 min read
15 December 2023
CPR Part 8 claims: what are they and when should you consider starting one?
Adjudication remains a focus of our Reviews. Martin Ewen discusses the Part 8 procedure, which often features in adjudication enforcement claims.
Annual Review Fenwick Elliott Annual Review 2023/2024
7 min read
15 December 2023
Statutory demands: a reminder of the risks
Edward Farren looks at the use (and dangers) of using insolvency procedures to provide a quick alternative route to obtaining outstanding payments.
Annual Review Fenwick Elliott Annual Review 2023/2024
9 min read
15 December 2023
Higher-risk buildings regulations: surviving the new regime
Ben Smith, together with Samantha Jones from 39 Essex Chambers, provides advice on surviving the new higher-risk buildings regime, focusing on the role of dutyholders, gateways and the golden thread.
Annual Review Fenwick Elliott Annual Review 2023/2024
11 min read
15 December 2023
The Building Safety Regulator and its role in the higher-risk building regime
Huw Wilkins looks at the powers of the Building Safety Regulator.
Annual Review Fenwick Elliott Annual Review 2023/2024
7 min read
15 December 2023
Feeling the force: the impact of the BSA on downstream claims
Lucinda Robinson considers the impact of the BSA on downstream claims.
Annual Review Fenwick Elliott Annual Review 2023/2024
11 min read
15 December 2023
Limitation periods: a timely reminder
Rebecca Penney looks at limitation periods.
Annual Review Fenwick Elliott Annual Review 2023/2024
7 min read
15 December 2023
The reinforced autoclaved aerated concrete crisis: to what extent will claims “RAAC up”?
George Boddy reviews the RAAC (or reinforced autoclaved aerated concrete) crisis, considering how claims might be made.
Annual Review Fenwick Elliott Annual Review 2023/2024
7 min read
15 December 2023
Energy and the dilemma of delivery
Events of the past few years have brought home to us all the importance of energy security. As Rebecca Cook and Nicholas Gould explain, the world is using more energy each year, not less. While the rate of growth has slowed (now averaging around 1% to 2% per year), overall consumption continues to grow. They then go on to discuss what can be done.
Annual Review Fenwick Elliott Annual Review 2023/2024
5 min read
15 December 2023
PFI: a round-up from the courts
Ted Lowery highlights the most important issues arising from the court judgments handed down over the last 12 months.
Annual Review Fenwick Elliott Annual Review 2023/2024
6 min read
15 December 2023
Breaking up need not be hard to do: preparing for PFI contract expiry
Gemma Essex and Laura Bowler explain why there is a need for careful relationship management between the parties when it comes to the handback process.
Annual Review Fenwick Elliott Annual Review 2023/2024
12 min read
15 December 2023
Review of Institution of Chemical Engineers (“IChemE”) Engineering, Procurement and Construction Management (EPCM) Contract (“The Blue Book”), first edition 2023
Mark Pantry reviews the industry’s first attempt at a standard form EPCM contract.
Annual Review Fenwick Elliott Annual Review 2023/2024
6 min read

