Conflict Avoidance Agreements: Do they actually work?
There are any number of reasons disputes can occur during construction projects. However, most of them can be placed into three categories (cost, time and quality) but, whatever the cause, the desire will always be to resolve these disputes as quickly and efficiently as possible. An even greater desire is to avoid disputes entirely, which […]
The need for dispute resolution in the construction industry
The construction industry has become a complex web of stakeholders, contractors, subcontractors, clients and supplies. There are many moving parts that must be covered before, during and after the undertaking of construction projects. With the various participants involved, disputes are inevitable and often unavoidable. Therefore the need for dispute resolution in the construction industry cannot […]
3 ways your IP could be at risk
IP (Intellectual Property) is an extremely valuable public asset. For businesses, this can include business names, logos, product designs and inventions. With the security afforded by IP rights, creators can invest time, money and expertise into their creative endeavours and reap the benefits of their work. However, this security must be upheld by patents and […]
How can micromanaging lead to construction disputes?
Micromanaging is an issue across many industries; managers feel the need to control employees’ every action in an extreme way. The construction industry is no exception however, the consequences of micromanaging a construction project can be much worse than an uncomfortable HR meeting. First, let us determine where this issue of micromanaging comes from in […]
What is the Defects Liability Period?
When a construction project reaches completion, it should always be the intention of the contractor to walk away from the project with full confidence that it meets the conditions specified in the construction contract. However, clients still require some form of assurance that there are no defects or, should any be discovered, that they will […]
Conditions Vs Warranties: What’s the difference and why does it matter?
I have talked extensively about the importance of accurate contract drafting, the barriers of ineffective contract management and how both can contribute to contract disputes. As part of these discussions, I have also covered the terms that must be clearly defined in these contracts as well as the repercussions should they not be. Part of […]
Construction tech trends still to come in 2024
Four months of 2024 have already passed us, but this does not mean that the construction industry has seen everything this year has to offer yet. If the sudden cross-industry adoption of AI has taught us anything, it is that innovative technology can make an impact at any time during the year. The construction industry […]
What are the most common causes of construction disputes?
We have all heard the phrase, ‘Prevention is better than the cure’, correct? Well, this very much applies to avoiding construction disputes due to project delays. It is a common misconception in the construction industry that legal advice should only be sought as a remedy when a dispute arises. Integrating this legal counsel into day-to-day […]
The Construction Adjudication Process: What should you prepare for?
With the threat construction contract disputes pose to projects, it is vital that resolution is reached with speed and expert comprehension. Otherwise, construction projects are likely to be delayed, disrupted or put on hold indefinitely. There is also the financial fallout associated with these disruptions and delays. Effective legal counsel will ensure that a firm, […]
Brick by brick: Drawing up an ironclad construction contract
In 1996, the Housing Grants, Construction and Regeneration Act was introduced and made the resolution of construction disputes through adjudication mandatory. In layman’s terms, this gives parties involved the right to refer a dispute to adjudication at any point in time. For the construction industry, these disputes have the potential to significantly delay projects, incur […]
