Fenwick Elliott Annual Review 2016/2017

Annual Review 2016/17

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This year’s Annual Review explores the growing significance of artificial intelligence and the wider digital transformation reshaping the construction industry. We examine the continued development of Building Information Modelling (BIM) and consider the contractual protections required to manage risk effectively in a BIM-enabled environment. We also look at recent case law on contractual interpretation, liquidated damages, and oral variations.

Reflecting the presence of our Dubai office, this edition maintains a strong international perspective. We review recent decisions of the Dubai courts addressing whether an Engineer’s Decision under the FIDIC Red Book operates as a contractual precondition to the commencement of arbitration. In addition, we provide an update on adjudication, examine issues of impartiality affecting adjudicators and arbitrators, revisit the law relating to guarantees, and consider the extent to which the UK courts continue to recognise and apply the principle of good faith.

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