Cover of Annual Review

December 2022

Fenwick Elliott Annual Review 2022/2023


This year’s Annual Review inevitably focuses on the continuing economic and political challenges facing the construction industry. We also look at the Building Safety Act 2022, and the changes to the regulatory regime for the design, procurement, construction, and management of buildings. We discuss the steps being taken to work towards a secure, low-carbon, sustainable energy future, yet still find room to consider the latest developments in the courts from adjudication to Wagatha Christie as well as the FIDIC and NEC forms.

Annual Review articles

In this issue

Paying the price: high inflation and short supply

Bracing for recession: mitigating challenging economic conditions

The Building Safety Act: practical considerations for businesses

Adjudication: an effective form of dispute resolution for an insolvent company or paper tiger?

Factual witness evidence: recent lessons from the courtroom

Wagatha Christie: Drama, intrigue, and boat trips – but where was the evidence?

Expert evidence: a roundup of case law over the last 12 months

Cutting carbon: the small print

When the heat is on: extensions of time and extreme weather

Adversity helps usher a new nuclear age

Digital transformation: fasten your seat belt

NEC Accepted Programmes: a practical guide

Early supply chain involvement and NEC4 Option X22

ADR clauses following Children’s Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd

Investment treaty arbitration: a possible avenue for damages claims against Russia arising out of the Ukraine conflict?

Saudi Arabia continues to move towards arbitration-friendliness, but are we there yet?

Delay & Liquidated Damages: some new ideas from FIDIC

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