Fenwick Elliott Annual Review 2017/2018

Annual Review 2017/2018

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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.

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