Construction Joint Ventures – A Recap of Key Issues to Consider and Practical Tips

On 6 February 2020, Global Head of Contentious Construction and Infrastructure, Craig Shepherd, Head of Finance in Japan, Keith Gamble, and Dispute Resolution Associate, Victoria Green, delivered a seminar to members of the Overseas Construction Association of Japan on how to avoid joint venture disputes. In this month’s construction newsletter we offer a recap of … Read more

Managing Delay Under JCT Contracts Due To Covid-19

The worldwide challenge created by the coronavirus (Covid-19) is likely to have an impact on construction projects in the UK whether directly or indirectly due to public health implications or Government measures.  In the case of live construction projects these implications may manifest themselves in relation to availability of people, delays in deliveries and, in … Read more

Performance bonds: Judgement on the interpretation of an ABI type guarantee

On 28 February 2020, the English High Court issued a judgment regarding the construction of an Association of British Insurers (ABI) type performance guarantee, and its operation, in Yuanda (UK) Company Limited v Multiplex Construction Ltd & Australia and New Zealand Banking Group Ltd [2020] EWHC 468. This judgment illustrates that where a guarantee requires … Read more

Experts under scrutiny: TCC considers rules and best practice in communications with single joint experts and refuses to rule expert evidence inadmissible

In recent years the TCC has levelled forceful criticism of experts who have failed to display proper independence.  However, in the latest TCC judgment of Blackpool Borough Council v Volkerfitzpatrick Ltd & Ors [2020] EWHC 387 (TCC), the court refused to grant an application for expert evidence to be ruled inadmissible and the claim that it supported be struck out.  The court found on the facts that, while the experts may not have followed best practice, they had not breached their duties under CPR Part 35 or otherwise compromised their independence. The case is particularly interesting as it addresses a common scenario whereby the parties jointly engage a third party testing house to undertake certain site tests and investigations for the party-appointed experts to use in their analysis.  The defendant objected to the claimant’s experts’ unilateral communications with the testing house, and more so to their later request to the testing house to conduct further tests without informing the other experts.   This will be a welcome judgment at a time when we are seeing an increasing number of threatened and actual challenges to experts in litigation and arbitration. Read more

Podcast: Architects’ Copyright

We are pleased to share a discussion between Rachel Montagnon and Joanna Silver from our leading global IP practice around the problems associated with the use of architects' designs where specific permissions are not in place, and the impact on development projects. Read more