Why are documents and factual witnesses so important in construction arbitrations?
We are pleased to share the third episode in our Construction Arbitration podcast series, in which we discuss the importance of documents and factual witnesses in construction arbitrations.
In this episode Craig Tevendale (Partner, UK Head of International Arbitration), Susan Field (Senior Associate, International Arbitration) and Olivia Liang (Associate, Construction & Infrastructure Disputes) take a look at how the factual complexity of construction disputes makes fact evidence particularly important. In particular, they cover the harvesting of documents and document management, document creation and retention, document production, predictive coding, fact witnesses and language issues which may arise.
This episode can be found on SoundCloud, Spotify and iTunes.
The remainder of the series will feature episodes covering the preparation of a case and managing the arbitration procedure itself.
If you are interested in listening to our other construction and arbitration podcasts, or reading our articles on construction and arbitration, please take a look at our Construction Notes (this blog) and Arbitration Notes and subscribe to receive notifications of our latest content.
Are you sure that you know the true meaning of all the terms that govern your contractual relationship?
In this blog post we explore the recent decision of the Technology and Construction Court, in Network Rail Infrastructure LTD v ABC Electrification LTD  EWHC 1769 (TCC), which illustrates how important it is for clients and their contractors to define key words in their contracts, or run the risk that the courts will apply a meaning that one of the parties did not intend. In this case the court applied the ordinary and natural meaning resulting in a loss of £13m to the contractor.
In Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited  FCA 1049, the Federal Court of Australia considered several issues that typically arise in large-scale resources projects. In so doing, it reinforced the sanctity of the agreed bargain between the parties and highlighted the inherent difficulties in proving the oft-claimed, but rarely successful, misleading and deceptive conduct claims under the Australian Consumer Law (ACL). Continue reading
Contractor claims are an inevitable part of construction projects. Disputes are not. In order to mitigate the risk of contractor claims evolving into disputes, it is vital that they are evaluated properly and in a timely manner. Failure to do so can lead to costly and protracted disputes, which not only impact the parties’ relationship, but can also have a knock-on effect on the overall cost and programme of a project. So what can employers do to ensure that the legal merits of contractor claims are properly assessed, and what should contractors be mindful of in order to avoid the risk of their claims being rejected?
The London Construction & Infrastructure Group are pleased to share the latest episode in our ‘Construction Contract & Claims Management’ podcast series which explores how to assess the legal merits of a claim, with a particular focus on claims brought by contractors against employers.
This episode can be found on iTunes, Spotify and SoundCloud.
This episode is also accompanied by a checklist which sets out some of the key matters to be considered when assessing the legal merits of claims made by contractors under or in connection with construction contracts. The checklist can be viewed and downloaded here.
All episodes and accompanying checklists in our ‘Construction Contract & Claims Management’ podcast series can also be found on our web page.
The next episode in the series will discuss how to prepare for a potential construction dispute.