March 2013
In a paper first published by Solicitors Journal on 19 February 2013 (reproduced by kind permission – www.solicitorsjournal.com), Peter Collie offers his opinion on how to make the most of expert evidence, identifying a few points which are critical to success.
December 2012
In this paper, Nicholas Gould considers how the Costs Management Pilot is being received, the role of the judge, Form HB and the client’s view of the process.
Most feedback received indicates that costs management is a new discipline that requires skill and practice, but which can be learnt.
December 2012
In this paper, Nicholas Gould considers the use of expert determination in resolving construction disputes.
Expert determination has been used for many years as a means of independent valuation, but it lends itself particularly well to the economic and definitive resolution of valuation based disputes in the construction industry. Nicholas discusses why he thinks it could be used more frequently and even included within the contracts at the outset.
November 2012
In this paper, given at Fenwick Elliott’s recent Construction Law Update Seminar, Ted Lowery discusses some of the challenges facing ordinary members of the public who are called to give evidence in the Civil Courts. Ted outlines the key requirements for the client, the solicitor and the witness in order to prepare for cross-examination.
November 2012
In an article written for Autumn’s edition of International Quarterly, Jeremy Glover discusses what legal and contractual implications BIM may have on construction projects.
Could BIM alter the traditional allocation of responsibilities between the client, contractor, designers and suppliers? Should the contract be altered to account for the use of BIM? Jeremy addresses these questions and gives advice on how you can ensure you are legally prepared for BIM Level 2 on your projects.
October 2012
The Cost Management Pilot Research Project started in the Technology and Construction Courts (TCC0 and the mercantile court on 1 October 2011 and is scheduled to run until 31 March 2013. This paper considers how the cost pilot is being received, the role of the Judge, factors to take into account when completing Form HB and the client's view of the process. Fenwick Elliott LLP acknowledges the kind permission of the Society of Construction Law and the authors to reproduce the paper.
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