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This Insight takes stock of the most recent English case law and guidance on concurrent delay and analyses how the standard forms deal (or don’t deal) with the issue. Claire King and Matthew Simson consider what parties entering into English law construction contracts need to be aware of when determining how to address concurrent delay and the risks they are prepared to accept.
In this webinar, Partner Claire King and Senior Associate Layla Blair compare the ICC, LCIA and SIAC Arbitration Rules and discuss key features of each which you may want to consider when deciding which rules to choose in your contract.
The fraud test for injuncting a bank from paying out on an On Demand Bond sets a high hurdle. However, the case law on injuncting the beneficiary of an On Demand Bond from making a call under the main construction contract itself has arguably eased the requirements in recent years. A new High Court decision in TTSJV v BapCo Refining B.S.C. has now reconciled the differing authorities and confirms that a seriously arguable breach of the underlying contract will not suffice to obtain an injunction. As Claire King explains, it now clear that such relief is only available where the right to call is clearly precluded by the underlying contract.
Claire King examines the Government’s decision to ban retention payments in construction contracts.
This issue provides a guide to “smash and grab” adjudications, covering the right to payment of the notified sum, recent case law and tips to help employers and contractors avoid being on the receiving end of an adjudication.
To mark 30 years since the Housing Grants Act introduced adjudication, we reflected on the evolution of adjudication over the past three decades and examined the key developments from 2025.
In this blog, Claire King reviews the ICE’s recently published Payment Notice Dispute Model Adjudication Procedure, which deals specifically with smash and grab adjudications. She examines the Procedure in closer detail and reviews some of its key features, most notably its capped Adjudicator fees.
On 25 June 2025, JCT released its first Target Cost Contract, the final contract in the 2024 suite. In this webinar, Claire King and Andrew Jeffcoat explore how this contract aligns with and differs from other JCT contracts and how it is intended to work, providing essential insights that will allow you to navigate it with confidence and avoid any potential traps for the unwary.
Claire King analyses the proposals made by the current Government in its recent consultation on late payments focussing specifically on its plans for retentions. Will action be taken this time and do the proposals look promising?
The NEC’s new Conflict Avoidance Clauses, for use with the NEC4 ECC form, were announced earlier this year and are intended to prevent the escalation of “disagreements” into “disputes”. In this blog, Claire King reviews how they are meant to operate in the context of contracts that are already subject to statutory adjudication and examines the extent to which parties should be adding them to their dispute resolution toolkit.
In this Insight we compare and contrast the “final account” processes under the JCT and NEC41 forms of contract and analyse how to get the best result you can from these processes.
Managing the final account process under both NEC and the JCT forms is of critical importance not only for achieving the best commercial outcome possible but also for avoiding disputes. In this webinar Claire King and Katherine Butler compare and contrast the processes provided for in the NEC and JCT standard forms and how to get the best resolution for your project.