In a paper written for the University of Vienna, Nicholas Gould discusses construction defects taking into consideration differing viewpoints and interests. Also under consideration is whether the defect is due to a lack of maintenance or normal wear and tear – is it substantial or just a nuisance claim? Nicholas discusses deficiencies in design, material, workmanship or specification issues looking at English construction contracts for clarification on where the responsibility lies and to what degree the damages are covered.
Victoria Russell provided a case law update paper and talk to the members of the South East branch of the Chartered Institute of Arbitrators discussing the most recent decisions relating to adjudication enforcement and arbitration.