by Damian | Nov 2, 2023 | Adjudication, Arbitration, Dispute Resolution, Expert Secrets
Entering into Autumn 2023 and leaving behind the English summer often provides a time for reflection. As usual, though, my mix of time zones and work patterns means that my English autumn is an African spring. With the warming of the Cape, I head to South Africa and...
by Annie Clift | Oct 18, 2023 | Dispute Resolution, Events
In August 2023, a select group of experts from construction and law came together to look at ‘Good Faith’. The concept of good faith is commonly invoked in construction projects. It frequently becomes a focal point when disputes emerge. In many cases, one party will...
by Damian | Jun 22, 2023 | Delay, Dispute Resolution
In a previous article, Damian explained the concept of constructive acceleration. He considered how the courts and tribunals dealt with the matter and compared different approaches by courts around the world. In this follow-up article, Marcia Davids shares her take....
by Damian | May 17, 2023 | Dispute Resolution
What is Expert Shopping? In England and Wales where Civil Procedure Rules apply, experts are mindful of working under Part 35 of CPR. The rules state that, “no party may rely on expert evidence without prior permission of the court”. However, there is no rule on who...
by Damian | Apr 5, 2023 | Delay, Dispute Resolution
Mitigation or Constructive Acceleration? For many in the industry, the complexity of construction work will inevitably lead to delays. The cause of delays, setting aside those that may be listed as events in the contract, emanates from multiple matters and parties....
by Damian | Aug 18, 2022 | Dispute Resolution
We have 2 remaining places available for mentoring through our African mentoring programme. Gain the skills you need to work in the world of dispute resolution and construction expert witness work. The Damian James team will help you learn what’s needed and...
