Existing Structure Risk: a cautionary tale
From the English courts, Katherine Butler provides a cautionary tale about drafting suitable contract provisions to deal with ground conditions and existing structures.
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Closing the Books: Managing Final Accounts in JCT and NEC Contracts
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.
Closing the Books: Managing Final Accounts in JCT and NEC Contracts
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.
State immunity for the registration of awards under ICSID – Court of Appeal provides clarity
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.
Does the HGCRA apply?
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.
2024 Construction Adjudication in the United Kingdom Report
At the Adjudication Society Conference in Manchester on 20 November 2024, King’s College London unveiled the third and final report of its research project on construction adjudication, conducted in collaboration with The Adjudication Society. In this blog, Katherine Butler takes a closer look at the report’s findings, exploring recent adjudication statistics, referral trends,
Settlement Agreements: words to the wise
In this blog post, Katherine Butler discusses the recent TCC decision, which sets out a useful summary of the law relating to the construction of settlement terms. The judgment serves as a cautionary tale, highlighting the importance of the wording used in settlement agreements.
Adjudication Round Up: nothing to declare…
In this blog post, Katherine Butler looks at three recent decisions where the TCC has declined to give the remedies and/or declarations sought following adjudication awards being made. Whilst the three cases address different matters, the judgments all focus on the fairness of the outcome and offer reminders to parties that fairness and the overall merits of any particular
Disrupted? Prove it!
Disruption (often confused with delay) is notoriously difficult to establish. It can be crystal clear to everyone on the site that the works are not progressing efficiently but proving and quantifying a disruptive event can be challenging. Join Fenwick Elliott’s Senior Associate Katherine Butler and Alan Whaley, Senior Managing Director at J.S. Held, for a discussion about the
Design life guarantees and limitation: what have you actually been offered?
August 2023 Insight looks at design life guarantees and limitation
The TCC provides yet more reasons why expert shoppers should beware …
Katherine Butler returns to the topic of “expert shopping” with a review of two recent TCC decisions that should serve as cautionary tales for anyone looking to engage in the proscribed practice.
Understanding Arbitration Agreements
Fenwick Elliott’s Katherine Butler and Olivia Liang look at the nuts and bolts of arbitration agreements, covering: the choice to arbitrate, essential elements of arbitration agreements/clauses, drafting points and how these agreements interact with the underlying contract.