by Damian | Oct 7, 2024 | Contracts, Delay, Dispute Resolution, Published Articles
In this article for The Chartered Institute of Civil Engineering Surveyors, Damian examines concurrent delay (or concurrency) in construction, addressing the challenges of concurrent delays in construction projects, particularly how they lead to disputes. He...
by Damian | Apr 22, 2024 | Adjudication, Dispute Resolution
During Percy Makgoba’s mentoring journey he has continued in his LLB studies at Stadio University. He has now successfully passed his RICS diploma in adjudication. In the coming months he will complete his membership applications at the Chartered Institute of...
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...
