Forum shopping in adjudication
Director, Matt Molloy: "One simple way to avoid all of this is to include a named adjudicator (or adjudicators) in the construction contract. Failing that, seek to agree with your opponent who to approach." Read more
The inevitable question of costs
Associate, Gavin Johnson: "Disputes lawyers will always be asked to advise clients on costs. Accurately predicting what order a court may make involves a finer judgement than one might think." Read more
Contractual obligation to progress construction works
Solicitor, Andy Green: "what is the position when the contract only gives the employer a right to terminate for the contractor's failure to progress the works? Is the contractor obliged by an implied term to proceed regularly and diligently?" Read more
Fitness for purpose: the case against
Senior Consultant, Edward Davies, Hill Dickinson LLP: "The reason why 'fitness for purpose' is difficult is that it sits in a grey area between professional and commercial risk." Read more