Fenwick Elliott Annual Review 2024/2025

This year our Review begins with Simon Tolson reflecting on his role as a Commissioner with Building Magazine, participating in the Building the Future Think Tank which focused on some of the main significant challenges within the construction sector including AI and digital construction, implementing net zero, building safety, and people and skills. He provides some thought-provoking commentary on the impact of ESG strategies on the construction industry.

The insolvency of ISG was a sharp reminder that contractors and subcontractors need to be paid – and paid on time. Late payment is common whether the employer cannot, or will not, release the cash. Lucinda Robinson asks: what can a contractor do if it is not paid on time?

Amongst the changes introduced by the Building Safety Act 2022 was the introduction of building liability orders aimed at restricting the practice of setting up “special purpose vehicles” to carry out developments which were subsequently wound up following completion. As Huw Wilkins explains that these new orders are intended to enable the High Court to “pierce this corporate veil”. Ensuring that responsible parties are held accountable is essential for maintaining industry integrity.

Unforeseen ground conditions remain an ever-present risk in most construction projects, and the clauses allocating such risk are usually amongst the most negotiated provisions in any contract. As a founder member of the JCT Young Professionals Group, Mark Pantry is perfectly placed to discuss, whether the publication of the JCT Design and Build Contract, 2024 changed the perceived standard position in favour of the contractor.

George Boddy looks at an unusual enforcement case, when a party suggested that the adjudicator’s decision had been procured fraudulently.

Since the HGCRA came into force in 1998, the Courts have needed to consider what contracts, concerning what works, are covered by its provisions. Katherine Butler and Ava Solouk review two cases which touched on this in close succession.

Sonia Ginders outlines the basic principles to consider when determining the effect an earlier decision may have on a later adjudication; and, then considers the two recent decisions of the Technology and Construction Court on this issue from the past 12 months.

Philip Barnes reviews the process for serving the referral, the key document which sets out the detail of your claim.

In almost every PFI and PPP project, the principal contracts will include bespoke dispute resolution procedures, which typically provide mechanisms for sequential and escalating processes and the determination of what are usually characterised as “related disputes”. Ted Lowery reviews a case which emphasises that these mechanisms are not always straightforward.

Katherine Butler discusses the impact of matters concerning state immunity on the registration of arbitral awards related to the International Centre for Settlement of Investment Disputes.

Shahed Ahmed and Leonie Sellers look at the introduction of the arbitrateAD Rules in the UAE, which signify a growing trend towards resolving disputes through arbitration.

Sana Mahmud considers the draft 7th Edition of the SIAC Rules before they come into force on 1 January 2025.

Giuseppe Franco and Freddy Ashe take a closer look at the Churchill case in the Court of Appeal at the end of 2023, which led to a number of interesting developments in mediation. They add a continental flavour by comparing the approach to mediation in Italy.

Jeremy Glover reflects on the first Conflict Avoidance Coalition Conference, which featured 150 professionals from across the construction industry.

Lyndon Smith considers the key issues that need to be considered in the construction of data centres, which are increasingly reliant on sustainable practices.

Edward Foyle and Oliver Weisemann consider whether the new IChemE Blue Book is suitable for managing complex energy projects, especially in the transition to renewable energy.

Stacy Sinclair looks at the ongoing impact of AI.